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Refund claim cannot be denied when excess duty has been returned through debit/credit Notes and the said amount is accounted as receivable in the Balance Sheet - sufficient evidence that incidence of duty has not been passed on

Central Excise - By: - Bimal jain - Dated:- 19-12-2015 - Shree Krishna Nylon Pvt. Ltd. Vs. Commissioner of Central Excise, Mumbai-III [2015 (11) TMI 1470 - CESTAT MUMBAI] Facts: Shree Krishna Nylon Pvt. Ltd. ( the Appellant ), on having a confusion regarding applicability of the duty rate on the products, chose to pay duty at higher rate under protest and sought clarification from the Department. Consequent to the clarification, the Appellant issued Credit Notes to the buyers of goods and filed .....

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