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M/s Bajaj Auto Ltd. Versus Commissioner of Central Excise, Pune-I

2016 (12) TMI 763 - CESTAT MUMBAI

Unjust enrichment - whether the appellant is eligible for the refund of the amount or the said amount has been correctly credited to the Consumer Welfare Fund? - Held that: - It can be seen from the adjudication order and the impugned order that appe .....

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receivables in Balance Sheet, with a narration that this amount is due from Revenue Authorities. It is a common knowledge that when the amount is shown as receivables, it is not expensed out in the Balance Sheet, hence will not form a part of the co .....

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nable and liable to be set aside. The impugned order is set aside - appeal allowed - decided in favor of appellant-assessee. - APPEAL NO. C/149/06-Mum - ORDER No.A/93992/16/CB. - Dated:- 7-11-2016 - Mr. M.V. Ravindran, Member (Judicial) And Mr. C.J. .....

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Central Excise (Appeals), Pune-I. 2. Heard both sides and perused the records. 3. The issue that falls for consideration is whether the appellant is eligible for the refund of the amount or the said amount has been correctly credited to the Consumer .....

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.12.2003 in pursuance of the directions of the Hon ble Mumbai High Court s final order passed on 17.11.2003 on the grounds that they had received 10000 sets of CKD components of KB-100 Motorcycles from M/s Kawasaki Heavy Industries Ltd. Japan vide ye .....

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duty was amended to 10%. Thus the appellants paid excess Customs Basic duty to the tune of ₹ 29,65,836.90. The said amount was sanctioned by the adjudicating authority vide above cited order and the sanctioned amount was ordered to be credited .....

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icating authority and rejected the appeal. 6. It is the submission of the learned Counsel that amount of refund was shown as receivables in the Books of Account and was indicated in the Balance Sheet as receivables from the department. He would submi .....

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