2000 (7) TMI 87

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..... n intermediate product during the course of the manufacture by the respondent is a marketable commodity or not and secondly whether the principle of unjust enrichment would apply to the present case. 2. The question as to whether the intermediate product is a marketable commodity or not is essentially a question of fact. The judgment under appeal arises from a writ petition having been filed by .....

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..... this contention does not seem to have been considered, perhaps not raised at an earlier stage and it would therefore be appropriate that the Adjudicating Authority or the Collector (Appeals) decides this issue. 4. Learned Counsel for the parties agree that the case be remanded to the Collector (Appeals) in deciding this question and also the issue as to whether the principle of unjust enrichment .....

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