2008 (7) TMI 696

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..... The brief facts of the case are that the appellants have imported certain goods from a supplier in Germany, who was considered as a related person and accordingly the bills of entry filed by them were assessed provisionally with a revenue deposit of 5%. The assessments were there after finalized and the transaction value declared by them was accepted. They accordingly became entitled to a refund o .....

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..... om Chartered Accountant was also submitted certifying that the revenue deposit has not been included in the valuation of consumption. Their above pleas were, however, rejected by both the lower authorities and the refund was rejected. 2. Ld. advocate for the appellants submits that in this case, once the deposits made by them have been shown as deposits in their balance sheet and have not be .....

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..... are able to show that this amount was subsequently not apportioned in the expenses account, it cannot be said that the incidence of duty has not been passed on. 4. I have considered the submissions. I find that in this case the amount has been shown as receivable in the balance sheet for the relevant year as Central Excise deposit and does not form part of expenses account. The Chartered Acc .....

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