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2024 (3) TMI 873 - CESTAT CHENNAIRefund including cash refund of DEPB/FPS scrips - denial on the ground that refund claims were hit by the principles of unjust enrichment - Determination of product prices based on the prevailing price for copper in the London Metal Exchange (LME). - HELD THAT:- In M/S. VEDANTA LTD. VERSUS CC, TUTICORIN (VICE-VERSA) [2018 (6) TMI 528 - CESTAT CHENNAI], relied upon by the First Appellate Authority as well as the respondent, it is found that there is no change in the facts; admittedly, the price prevailing in LME was in no way under the control of the respondent and further, this Bench in the respondent’s own case has categorically held that the final product price is based on the price prevailing in LME which has no relation to the cost of raw material including customs duty, for which reliance has been placed on the decision of the Hon'ble Supreme Court in the case of STATE OF RAJASTHAN & ORS VERSUS HINDUSTAN COPPER LTD. [1997 (11) TMI 516 - SUPREME COURT] - This Bench has thus concluded that the stand of the Revenue insofar as unjust enrichment was concerned, had no merit. The Revenue has not been able to distinguish the above case nor is there any evidence placed on record to aver that there was any change in either facts or law, nor has the Revenue placed anything on record to state that the above final orders have been appealed to higher judicial forum and, if so, the status of the same. Hence the ratio of the above order squarely applies to the case on hand as well. The Revenue has not made out a case to disturb the finding of the First Appellate Authority in the impugned order. Consequently, Revenue’s appeal lacks merit - the appeal filed by the Revenue is dismissed.
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