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2015 (11) TMI 208 - AT - Central ExciseDenial of refund claim - Section 11B - unjust enrichment - held that:- from the original order that appellant have submitted C.A. Certificate as well as their balance sheet. The original authority has verified the said documents and came to the conclusion that the amount of refund has been shown as receivable under the head of “loans and advances”, the same has been certified by the Chartered Accountant. From the said records, I do not find any reason that what else is required to establish that incidence of duty has not been passed on to any other person. - has verified and dealt with C.A. Certificate and balance sheet of the appellant and did not find any discrepancy in such documents and relying the same held that incident of duty has not been passed on to any other person, whereas in the findings of the Commissioner (Appeals), he stated that C.A. Certificate was not understood whereas C.A. Certificate is clearly based on the balance sheet. Moreover Ld. Commissioner has not discussed anything as regard amount shown receivable under the head of loan and advances which is conclusive evidence of proof of not passing of incidence of duty. Therefore the Commissioner (Appeals) has made serious error in not considering the C.A. certificate as well as balance sheet in proper perspective. Therefore impugned order suffers with serious infirmity - Impugned order is set aside - Decided in favour of assessee.
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