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2022 (7) TMI 191 - AT - Central ExciseRefund claim of excess duty paid - price revision with retrospective effect - rejection on the ground of unjust enrichment - HELD THAT:- There is no real dispute with respect to the facts and circumstances. In the course of hearing before the Tribunal, the learned Counsel for the appellant have reconciled the said debit note and its breakup with the invoices, as well as the detailed chart annexed to the appeal paper book - It is further that there is no good reason to doubt the transaction between the appellant and their buyer Hero Motor Corp Ltd. It is further noticed that Hero Motor Corp Ltd, Haridwar Unit, to which the goods have been supplied is operating under ‘Area Based exemption’ during the relevant period. Thus, there is no chance of Hero Motor Corp having taken Cenvat credit and utilised the same. There is no doubt as to genuineness of the transaction as well as the debit note in question issued by Hero Motor Corp Ltd, and accepted by the appellant-assessee. It is found that adequate entries have been made by the appellant in the Books of Accounts and they have credited the account of Hero Motor Corp. Further, the amount of refund claim have been shown as duty recoverable from the revenue in the Books of Accounts and the financial statements of the appellant being balance-sheet. Appeal allowed - decided in favor of appellant.
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