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2015 (6) TMI 1107 - CESTAT CHENNAIValuation - Spandex yarn imported in the year 2005 - enhancement in value - rejection of declared value purely on the grounds that the importer did not produce any evidence - Held that: - the Appellate Authority has discussed the issue in detail and after examining the documents and L.C, concluded that the declared price is correct and is to be taken as the transaction value and also clearly brought out that the same importer’s similar consignment has been accepted by the department and also compared with the quantity of the yarn imported in the present consignment and compared to the quantity of the goods relied by the Revenue - the declared price be accepted as the transaction value - appeal of revenue dismissed. Refund claim - unjust enrichment - Held that: - the appellant has been able to establish that the duty incidence has not been passed on to the customers and their claim is not hit by the bar of unjust enrichment. The appellant has produced all the relevant documents i.e., C.A. Certificate, balance sheet, challans, but the same were not considered - On perusal of the balance sheet for the financial year ending 31-3-2006, we find that during the relevant period, the excess duty paid by the appellant has been absorbed by them and shown by them as receivables from the department, which is duly supported by the Chartered Accountant’s Certificate dated 19-12-2005 - the appellant has not passed on the enhanced duty and it is a fact that the spandex yarn was consumed in their factory for manufacture of final product - the appellant is entitled for the consequential refund arising out of the Order-in-Appeal dated 30-9-2005 and the refund is not hit by unjust enrichment - decided in favor of assessee. Appeal disposed off - decided in favor of assessee.
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