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2015 (12) TMI 863 - CESTAT MUMBAIDenial of refund claim - Unjust enrichment - Held that:- On perusal of books of accounts of 2007-08 and CA certificate, it is clear that amount of refund is accounted for under head of loans and advances in the asset sides of the balance sheet. In my view if this treatment is given to the refund amount in the books of account, it is sufficient ground for establishing that the incidence of such duty has not been passed on. However this treatment of the amount reflecting in the year when the duty was paid but it should continue till the sanction of the refund claim. It is apparent from the order that despite undertaking by the advocate during the hearing the appellant has failed to produce the balance sheet for the year 2008-09 to the adjudicating authority. Therefore treatment of this amount in the books of account could not be known or ascertained by the adjudicating authority in absence of said documents. In view of the above facts, I am of the view that the matter needs to be remanded to the adjudicating authority - Decided in favour of assessee.
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