9911796707
TMI Blog2019 (11) TMI 487X X X X Extracts X X X X X X X X Extracts X X X X ..... Representative for the Respondent ORDER Per: S.K. Mohanty Briefly stated, the facts of the case are that the appellant is engaged in manufacture of lubricating oil, falling under Chapter 27 of the First Schedule to the Central Excise Tariff Act, 1985. During the disputed period, while removing the goods from the factory, correct assessable value by the appellant due to the discount pattern a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion orders were also upheld by the Learned Commissioner (Appeals), Central Excise, Mumbai, vide impuged order dated 06.09.2011. Feeling aggrieved with the impugned order, the appellant has filed these appeals before the Tribunal. 2. The learned Advocate appearing for the appellant submits that the incidence of excess paid central excise duty has not been passed on by the appellant either to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and accordingly, it is to be construed that the incidence of duty has been passed on by the appellant to its buyers. 4. Heard both sides and perused the case records. 5. Central excise duty is categorized as an indirect tax and the incidence of such duty is always borne by the buyers. The manufacturer, traders etc., engaged in the business of selling of goods only perform the role of the inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lance Sheet under the heads of account of "loans and advances", I find that the amount of Rs. 4,407.19 lacs has been reflected as advances. Further, bifurcation of such amount has also been reflected in the annexure attached to the balance sheet, confirming the fact that the refund amount in question, is the component of such advance amount reflected at Schedule 10 in the Balance Sheet. Thus, it i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... value, at which the goods were sold by the appellant. Since, the refund in question was not a part of excess duty indicated in the profit and loss account and separate accounting treatment was provided in the Balance Sheet, the interpretation placed by the learned Commissioner (Appeals) regarding transfer of refund amount to the Consumer Welfare Fund cannot be sustained. 6. In view of the above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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