TMI Blog1998 (2) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... ember (T)]. The appeal is directed against the order of the Commissioner of Customs (Appeals), Mumbai by which the Commissioner (Appeals) has allowed the respondents appeal. The respondents are not present and have requested for decision on merits. 2. The facts are that the respondents imported parts of calculator (instruction manual) and cleared it on payment of duty vide B/E on 4-2-1993 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the duty incidence has not been passed on to any other person, the Assistant Commissioner directed that the refund amount of Rs. 38,326/- be credited to Consumer Welfare Fund under Section 27 of the Customs Act, 1962. The appeal against the Assistant Commissioner order was allowed by the Commissioner (Appeals) who found that the Chartered Accountant certificate is not challenged by the dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the absence of evidence to prove that the duty burden has been borne out by the respondents only. On perusal of the record, we find that the Assistant Commissioner was justified in seeking documentary evidence to back up the Chartered Accountant certificate because the certificate itself seems to have been based on checking of the respondents record by the Chartered Accountant. In such a situ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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