Home Case Index All Cases Customs Customs + AT Customs - 2015 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (12) TMI 58 - AT - CustomsDenial of refund claim - unjust enrichment - Held that:- On the basis of all the records produced by the appellant before us such as balance sheet, ledgers, general vouchers and account for plant and machinery etc., it is very clear that the appellant has accounted for the amount of Revenue deposit under the head of loans and advances , which can also be seen from bifurcation of the total amount shown in the balance sheet. From this it is clear that the amount of Revenue deposit has not been booked by the appellant as expenditure in the profit and loss account. - appellant has not claimed any depreciation on the amount of revenue deposit as same was not capitalized alongwith the value of plant and machinery. As regard inconsistency between two C.A. certificate pointed out by the Ld. Commissioner(Appeals) and made sole ground for rejection of the appellant’s claim, we are of the view that once it is established from the books of account of the appellant that the amount of Revenue deposit has been undisputedly shown as deposit with government authorities under the head of loans and advances in the balance sheet it is sufficient to conclude that the incidence of said revenue deposit has not been passed on to any other person. - appellant, on the basis of record produced before, made us satisfied that incidence of revenue deposit has not been passed on to any other person - matter remanded back - Decided in favour of assessee.
|