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april 2000

Supreme Court of India · 2000-04-03

Commissioner Of Central Excise, ... vs Usha Beltron Ltd.

Citation / case number
2000(70)ECC203
Court
Supreme Court of India
Petitioner
Commissioner Of Central Excise, ...
Respondent
Usha Beltron Ltd.
Bench
Chief Justice, R.C. Lahoti, S.N. Variava

Judgment text excerpt

The Supreme Court held that the doctrine of unjust enrichment under Section 27 of the Customs Act is applicable to imported raw materials that are consumed in the manufacture of final products. The Court found that the earlier judgment of the Bombay High Court in Solar Pesticides (India) Limited v. Union of India was not applicable in this context. Consequently, the appeal was allowed, the impugned Tribunal order was set aside, and the matter was remanded to the Tribunal for consideration of whether the incidence of duty had been passed on to the consumer.

Commissioner Of Central Excise, ... vs Usha Beltron Ltd. · Niyam