VidhiSangh

Supreme Court of India · 19/05/2025

/S PATANJALI FOODS LIMITED (FORMERLY KNOWN AS M/S RUCHI SOYA INDUSTRIES LTD.) versus UNION OF INDIA & ORS.

[2025] 5 S.C.R. 2141 · 2025 INSC 733

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Summary

An importer had furnished bank guarantees, under interim orders of the High Court, for the difference between customs duty under Section 14(1) and tariff-value duty under Section 14(2) of the Customs Act, 1962. After the High Court dismissed its writ petitions, the department encashed the guarantees while the importer's appeals were pending in the Supreme Court, which later held the tariff notification unenforceable. The Court held that encashment of a bank guarantee furnished as security is not 'payment' of duty, so Section 27 of the Customs Act and the doctrine of unjust enrichment do not apply to the return of the amounts, and directed refund with 6% interest.

Issues

  1. Whether amounts realised by the customs department by encashing bank guarantees furnished as security under court orders constitute duty 'paid' so as to attract Section 27 of the Customs Act, 1962 and the doctrine of unjust enrichment.
  2. Whether the department could insist that the importer prove, by balance sheets and accounts, that the incidence of the differential duty had not been passed on before releasing the amounts after the Supreme Court held the duty demand unlawful.
  3. Whether the High Court was right to rely on DCW Limited v. Union of India to hold the doctrine of unjust enrichment applicable.

Provisions considered

Held

Result

Appeals allowed; the High Court's judgment dated 28.04.2016 set aside; respondents directed to refund immediately the amounts covered by the three bank guarantees with interest at 6% from the dates of encashment till repayment, the repayments to be released within four months; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 2141.