TMI Blog2008 (2) TMI 666X X X X Extracts X X X X X X X X Extracts X X X X ..... Government. The Revenue has not produced any contrary evidence - refund allowed - appeal allowed - decided in favor of appellant. - C/998/2007 - A/282/2008-WZB/C-II/(SMB) - Dated:- 8-2-2008 - Shri M.V. Ravindran, J. REPRESENTED BY : Shri J.C. Patel, Advocate, for the Appellant. Shri N.A. Sayyad, JDR, for the Respondent. [Order]. This appeal is directed against the Order-in-App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adjudicating authority held as under :- The adjudicating authority had ordered the credit of the refunded amount to the Consumer Welfare Fund, as the importers had failed to prove that the burden of payment of the said amount had not been passed on to any other person. It was observed that the Balance Sheets were unaudited and the party had not produced any other reliable documents such as sale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aintained by the Krishna International for the Financial Year 2001-02 to 2001-06. Krishna International had imported the consignment of Casio Organs under the Bill of Entry No. 131104, dated 19-6-2000. The Customs Department had enhanced the value and recovered excess duty of Rs. 2,79,927,30/-. Krishna International carried a matter in appeal and ultimately the Tribunal by its order No. A/71A/VZB/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation. It can be seen from the above reproduced certificate of Chartered Accountant, he categorically stated that the excess duty paid was not included in expenses and the same has been shown as current assets, as receivable from the Government. The Revenue has not produced any contrary evidence. As such, I find that judgment of the order of Tribunal in the case of Corning S.A. v. Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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