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2018 (2) TMI 1574 - AT - CustomsRefund of SAD - N/N. 102/2007 Cus dated 14.09.2007 - denial on the ground that no amount was realized or received by the appellant company against 4% SAD paid by them as per the bills of entry - Held that: - the issue herein is squarely covered by the ruling of the Hon’ble Madras High Court in the case of CCE v. Flow Tech Power [2006 (1) TMI 37 - HIGH COURT OF JUDICATURE (MADRAS)], where it was held that duty had been absorbed by the assessee which was submitted that the Chartered Accountant’s Certificate and the profit and loss account also confirmed that the duty paid on the impugned goods had been absorbed by the assessee and had been shown as expenditure in profit and loss account and had not been passed on to the customer. Accordingly, it was concluded by the Hon’ble High Court that there was no error in the order of this Tribunal, directing to grant relief of SAD - refund allowed - appeal allowed - decided in favor of appellant.
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