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2016 (1) TMI 420 - AT - CustomsClaim of refund of excess interest paid on demand of duty due to shortfall in export obligation - unjust enrichment - Held that:- the appellant had filed C.A. certificate before the lower authority to the effect that the amount of excess paid interest have not been passed on and the same stands recoverable in the Books of Account of the appellant. Further, the appellant have produced a copy of Balance sheet along with certificate of C.A. certifying the amount has been shown as recoverable on the Asset side under the head ‘Deposit and Others’ and as such the only thing, being audited in Balance sheet, for which the lower authority did not accept the claim is erroneous, as unjust enrichment is not attracted. The payment of excess interest was due to clerical error or due to mistake as to rate of interest applicable, the unjust enrichment is not attracted as the excess payment made is in the nature of deposit. - refund allowed - Decided in favor of assessee.
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