Supreme Court · 2000 INSC 51 · Decided 4 February 2000

Union of India v. Solar Pesticides PVT. LTD. ETC.

Court
Supreme Court of India
Citation
2000 INSC 51 · [2000] 1 S.C.R. 629
Case number
CIVIL APPEAL No. 921/1992
Decided
4 February 2000
Bench
B.N. KIRPAL, D.P. MOHAPATRA, R.P. SETHI (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Customs Act Section 27(2), 27

Headnote

Customs Act, 1962, ss.27(2) provisos (a) to (c), r/w 28 C and 28 [)--Doctrine of Unjust Enrichment-Whether applicable in relpect of raw material imported and captively consumed in the manufacture of a fmal product-Held, principle of unjust enrichment would be applicable in respect of imported raw Act, 1962, s.27( Jt-"incidence of such duty"-ln relation to its being passed on to another person would take it within its ambit not only the D passing of the duty directly but also indirectly. The respondent imported copper scrap for use as a raw material in the manufacture of

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