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2015 (10) TMI 1541 - CESTAT MUMBAI

2015 (10) TMI 1541 - CESTAT MUMBAI - TMI - Denial of refund claim - Unjust enrichment - appellant have booked excess duty paid under the head of expenditure in the profit and loss account - Held that:- It is undisputed fact that amount for which refund is sought for is towards the excess payment of duty and was booked by the appellant as expenditure in the profit and loss account, it clearly shows that incidence of duty has been passed on to the person whom the appellant made sale during the rel .....

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ating authority. - Matter remanded back - Decided in favour of assessee. - Appeal No. E/263/10 - Dated:- 11-5-2015 - Ramesh Nair, Member (J), J. For the Appellant : Shri Bharat Raichandani, Adv For the Respondent : Shri Sanjay Hasija, Superintendent (AR) ORDER Per: Ramesh Nair: This appeal is directed against Order-in-Appeal No. PIII/VM/253/2009 dtd. 26/11/2009 passed by the Commissioner (Appeals), of Central Excise, Pune-III, wherein the Order-in-Original dated 1/6/2009, rejecting refund claim .....

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Commissioner (Appeals), who maintained order of the original authority and rejected the appeal of the appellant, hence appellant is before me. 2. Shri. Bharat Raichandani, Ld Counsel for the appellant submits that even through amount of duty paid in excess, in respect of which refund is sought for, is accounted as expenditure, even then refund shall not be hit by mischief unjust enrichment. He submits that excess duty paid was not passed on to the customer, the duty was paid in the transaction .....

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ell as the Commissioner (Appeals) the appellant have revised their return/balance sheet for all the financial years and accordingly the amount of refund has been shown as receivable under the head of 'Loans and Advances' in the assets side of balance sheet. In this support, Ld. Counsel has submitted copies of balance sheet for the year ended 31 st March 2009, 31 st March 2010, 31 st March 2012, 31 st March, 2013 and 31 st Mar 2014. It is his submission that even if it is considered that .....

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the amount of refund under head of expenditure in the profit and loss account. It is his submission that once the amount is booked under expenditure, it shall stand absorbed in the total sale value and accordingly incidence of such amount shall stand passed on to the persons whom entire sale were made. Therefore this position is sufficient to prove that incidence of duty, for which the refund is sought for, has been passed on. Accordingly, lower authorities have correctly held that appellant co .....

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