TMI Blog2015 (10) TMI 2531X X X X Extracts X X X X X X X X Extracts X X X X ..... Account - Held that:- it is found from the available records that upon verification of the Balance-Sheet and the annual accounts, the practicing Chartered Accountant vide Certificate dated 14.09.2012 has certified that the incidence of excess paid Central Excise Duty has not been passed on to any other person and the same has been borne by the appellant. Therefore, the refund claim cannot be rejec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcess Central Excise duty has been wrongly paid by it. In the refund application, it was stated that the appellant was required to deposit Central Excise Duty at the rate of 5%, whereas due to inadvertence, excess duty of ₹ 10% was deposited into the Government Account. The refund application was rejected by both the authorities below on the ground that the appellant had not produced any evi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the department. Hence, the profit for the year is understated by an amount of ₹ 3,50,878/-. 4. Further I also find from the available records that upon verification of the Balance-Sheet and the annual accounts, the practicing Chartered Accountant vide Certificate dated 14.09.2012 has certified that the incidence of excess paid Central Excise Duty has not been passed on to any other perso ..... X X X X Extracts X X X X X X X X Extracts X X X X
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