9911796707
TMI Blog2018 (9) TMI 1919X X X X Extracts X X X X X X X X Extracts X X X X ..... Per: S.K. Mohanty Revenue is in appeal against the impugned order dated 06.11.2017 passed by the Commissioner of Central Tax, Pune I. 2. Brief facts of the case are that the respondent herein is engaged in the manufacture of parts of elevators, falling under Chapter Head 84 of the Central Excise Tariff Act, 1985. During the disputed period, the respondent had paid excess duty due to error in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner (Appeals) has referred to the contents of the certificate dated 24.11.2016 issued by M/s N.P.S.R & Associates, Chartered Accountants. Feeling aggrieved with the impugned order passed by the learned Commissioner (Appeals), Revenue has filed this appeal, inter alia on the following grounds:- (a) The Commissioner (Appeals) has failed to appreciate that mere issuance of credit note to their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 97 (20) RLT 479 (Tri.Mad) and also the Circular dated 18.06.1997 issued by CBEC after passing of the order in the case of Addision & Co. 3. Learned D.R. appearing for Revenue reiterates the findings recorded in the original order. He further submits that the respondent had not co-related the facts with supporting documentary evidence that the goods cleared by its OCC Division to the ultimate buy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een paid by the respondent and such incidence of duty has not been passed on to the customers or any other person. Thus, he prays for allowing the refund claim in favour of the respondent. 4. Heard both sides and perused the records. 5. On perusal of the balance sheet for the year ended 31st March 2017, I find that the amount of refund in question, was reflected under the Head 'Loans and Advan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision of this Tribunal relied upon by Revenue in the case of Addision & Co. squarely covers the case of respondent inasmuch as it has been held that issuance of credit is also considered as the valid document for accounting adjustment. 6. Therefore, I do not find any infirmity with the impugned order passed by the learned Commissioner (Appeals). Accordingly, the appeal filed by Revenue is di ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
