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    <title>1997 (11) TMI 516 - Supreme Court</title>
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    <description>Refund of excise duty on imported rectified spirit used captively in manufacture was resisted on the ground of unjust enrichment. The SC accepted the respondent&#039;s affidavit that the duty incidence was not passed on because the final product&#039;s price was mandatorily fixed by a trading agency based on London Metal Exchange rates, leaving no scope to load any part of the impugned duty into the sale price. Finding no basis to disbelieve this evidence, the SC held that unjust enrichment was not attracted and declined to interfere with the HC&#039;s direction for refund. The appeals were dismissed.</description>
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    <pubDate>Thu, 27 Nov 1997 00:00:00 +0530</pubDate>
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      <title>1997 (11) TMI 516 - Supreme Court</title>
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      <description>Refund of excise duty on imported rectified spirit used captively in manufacture was resisted on the ground of unjust enrichment. The SC accepted the respondent&#039;s affidavit that the duty incidence was not passed on because the final product&#039;s price was mandatorily fixed by a trading agency based on London Metal Exchange rates, leaving no scope to load any part of the impugned duty into the sale price. Finding no basis to disbelieve this evidence, the SC held that unjust enrichment was not attracted and declined to interfere with the HC&#039;s direction for refund. The appeals were dismissed.</description>
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      <pubDate>Thu, 27 Nov 1997 00:00:00 +0530</pubDate>
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