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2015 (9) TMI 39 - CESTAT CHENNAI

2015 (9) TMI 39 - CESTAT CHENNAI - TMI - Denial of consequential refund - claim is not supported by any quantification or valid evidence that incidence of duty has not been passed on to any other customer - Held that:- As regards the demand of proof of evidence on payment of ₹ 1,07,245/-, we find from extract of RG-23C Part II at page 24 which clearly shows that at Sl.No.1, there is an endorsement in the RG-23C Part II showing payment of ₹ 1,07,245/- towards SCN OC NO.403/97 dt.31.3. .....

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31.3.97 whereas the SCN was issued subsequently. On perusal of the amount involved, they have made the payment by way of RG-23C Part-II and therefore question of unjust enrichment does not arise. - appellants are eligible for refund amount debited in RG.23C-Part-II as re-credit of cenvat credit - Impugned order is set aside - Decided in favour of assessee. - Appeal No. E/1231/2004 - FINAL ORDER No.40916/2015 - Dated:- 3-8-2015 - Shri R. Periasami, Technical Member and Shri P.K. Choudhary, Judic .....

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adjudicating authority in his order dt.10.3.2004 rejected the refund amount on the ground that the claim is not supported by any quantification or valid evidence that incidence of duty has not been passed on to any other customer Against this, appellant preferred appeal before the Commissioner (Appeals) and the Commissioner (Appeals) in the impugned order upheld the order and dismissed the appeal. Hence the present appeal before Tribunal. 3. Heard both sides. Ld. Advocate appearing for the appel .....

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bmitted proof of payment of duty and produced copy of Extract of RG.23C Part-II. He submits that they have paid an amount of ₹ 1,07,245/- by debiting in RG.23C Part-II on 1.7.1997 at Sl.No.1. He submits that this amount related to goods which were already cleared and the amount involved is ₹ 11, 20/- and upto ₹ 53,000/-. They never raised any supplementary invoice. They neither issued any credit note nor debit note. He submits that this demand was issued by department as per an .....

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ment evidencing passing of incidence of duty to customers. He relied on the following citations :- (1) SRF Ltd. Vs CC Chennai 2006 (193) ELT 186 (Tri.-LB) (2) TVS Motor Company Ltd. Vs CCE Chennai-III 2014 (303) ELT 520 (Mad.) 5. After hearing both sides, we find that the issue relates to consequential refund claimed by the appellant on account of OIA No.46/2003 wherein the appellant's appeal was partly allowed. Both the adjudicating authority and the appellate authority have rejected the cl .....

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