In a batch of appeals from different states, the Supreme Court ruled that a manufacturing company was not entitled to refund of commercial taxes if benefits under the law are not passed on to the ultimate consumer. Otherwise, there would be unjust enrichment, the court stated while hearing the appeals, led by Commissioner of Central Excise vs Addision & Co. Manufacturers had claimed refunds on taxes paid, invoking discounts such as those on excise and turnover tax. The authorities issued notices asking the firm to show that the duty had not been passed on to buyers.
In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there
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