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Gujarat HC: Final Excise Refund Cannot Be Reopened by Fresh SCN

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Summary

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  • The Gujarat High Court ruled that the Central Excise Department cannot issue fresh show cause notices to recover Education Cess refunds already sanctioned under final appellate orders.
  • This decision arose from Ajanta Manufacturing Private Limited's challenge against two notices issued on 8 October 2020, following a Supreme Court ruling that changed the interpretation of cess exemptions.
  • The Court emphasized the importance of judicial discipline and the binding nature of superior appellate decisions, stating that subordinate authorities must respect these rulings.
  • This judgment reinforces that final quasi-judicial decisions cannot be reopened solely due to subsequent changes in judicial interpretation, highlighting the need for proper training for departmental officers.

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