1975 (7) TMI 147

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....the basis of prices charges by them to their distributors stating that the wholesale cash price under Section 4 (a) is the price charged by the manufacturers to distributors. The Assistant Collector of Central Excise, Bombay-II Division approved the revised price list effective from 1-9-1972. The party under their letter dated 18-9-1972 filed a revised price list for the period from 1-3-1971 to 31-8-1972 stating that the price lists earlier filed by them and approved by the department were through misconstruction. The party also lodged their regular refund claim for Rs. 53,86,474.79 on 27-9-1972. The Assistant Collector of Central Excise, Bombay-II Division rejected their claim vide his Order No. V (411)15-8/73/2374, dated 25-2-1974, statin....

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....nce of any provision for revision of price list cannot deprive them of any refund legitimately due and entitle the Central Government to retain the excess of excise duty illegally collected without authority, (iii) Article 265 of the Constitution says that money not belonging to Government or illegally collected should be refunded and Section 72 of the Contract Act states that if money is paid by mistake, it should be refunded it is true that the prices were declared by them and approved by the Department. Department acted under a mistake and under error approved the price list, (v) the products were sold to their distributors who were independent buyers and transactions were at arms' length, (vi) the Supreme Court had over-ruled the earlie....