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2020 (10) TMI 471 - AT - Central ExciseRefund of excess paid excise duty - finalization of provisional assessment - Department had credited the same to the Consumer Welfare Fund, created under Section 11D of the Central Excise Act, 1944 - amount credited to the Consumer Welfare Fund on the ground that the incidence of excess duty has been passed on to the dealers of the excisable goods - Principles of Natural Justice - HELD THAT:- The amount in question, for which the refund claim was filed by the appellant was all along been reflected “as claims receivable from the government authorities”. The said entry made in the balance sheet for the period 31.03.2009 was all along reflected in the balance sheet prepared as on 31.03.2019. It is an admitted fact on record that the excess paid central excise duty by the appellant during the provisional assessment of the excisable goods were not reflected as part of expenditure in the profit and loss account prepared for the relevant period. Thus, in absence of reflection of such amount as an element of expenditure in the profit and loss account, the profitability of the company has not suffered. Further, reflection of the refund amount in the balance sheet under the head of “loans and advances”, clearly depicts that the incidence of excess paid duty amount has all along been borne by the appellant. Therefore, it cannot be said that the element of excess paid central excise duty had been transferred to the dealers and for that purpose, the appellant should not be entitled for the benefit of refund and the amount in question should be transferred to the Consumer Welfare Fund. Appeal allowed - decided in favor of appellant.
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