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2005 (5) TMI 121 - CESTAT, BANGALORERefund - Seeking benefit of exemption contained in Notification No. 20/88-Cus. - Unjust enrichment - Imports Kraft Paper at concessional duty rate for use as raw material in the manufacture of Transformers - HELD THAT:- In the present case, the Chartered Accountant has clearly stated that the element of duty has not been passed on to the Electricity Board as the cost of the Transformer had already been pre-determined in the contract and it had been borne by the assessee. The Revenue has not rebutted the Chartered Accountant's Certificate as held in the case of M/s. Toyota Kirloskar Motors Ltd. [2005 (2) TMI 362 - CESTAT, BANGALORE]. The judgment of Superintending Engineer, TNEB, [2003 (11) TMI 156 - CESTAT, CHENNAI] would also apply wherein refund was not to be hit by the Principle of Unjust enrichment, as the huge amounts were absorbed by the Government on behalf of TNEB. The Craft Paper was exempted from duty and the assessee had paid the duty at initial stage and the Tribunal, in its earlier order, upheld the assessee's claim for grant of exemption. The cost analysis had clearly indicated that Craft Paper was exempted from duty and the cost of Transformers did not include this duty element in terms of the Chartered Accountant's Certificate. The Chartered Accountant's Certificate cannot be faulted in the present case. Respectfully following the ratio of the citations referred to by the learned Counsel, the impugned order is set aside and the appeal is allowed.
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