CCE, CHENNAI Vs. BORAX INDIA LIMITED AND ORS.

JUDGEMENT

(1.) THE Tribunal on a question relating to the valuation of the imported raw material, namely, Borax Penta Hydrate Neobar, had upheld the value disclosed by the respondents. Having heard the learned counsel for the appellant, we are of the opinion that the said decision of the Tribunal relating to the value of the imported raw material calls for no interference. However, the Tribunal did not accept the contention of the appellant relating to the question of unjust enrichment. It held that as the goods were captively consumed, then in view of the law then prevailing the consequential relief of refund had to be ordered unaffected by the principles of unjust enrichment.

(2.) THIS Court in Union of India and Others v. Solar Pesticides Pvt. Ltd. and Another,, 2000 (2) SCC 705, has come to the conclusion that the principles of unjust enrichment would also be applicable in cases relating to captive consumption. We, therefore, direct that the question as to whether any refund is to be given to the respondents, will be decided in the light of the principles laid down by this Court in the aforesaid decision in Solar Pesticide's case.

(3.) THE appeals are disposed of in the aforesaid terms. No costs.