TMI Blog2018 (9) TMI 1919X X X X Extracts X X X X X X X X Extracts X X X X ..... by the respondent, the Chartered Accountant s firm, by a certificate dated 31.08.2018, has given the breakup of the figure reflected in the balance sheet, which include of the amount in dispute, for which the respondent had filed the refund claim application. The records submitted by the respondent clearly demonstrate that the incidence of duty has all along been borne by it and the same has not been passed on to its buyer or to any other person. Since the excess duty initially paid was adjusted by issuance of credit note, such practice adopted by the respondent is in conformity with the accounting principles. The decision of this Tribunal relied upon by Revenue in the case of Addision Co. [ 2002 (2) TMI 294 - CEGAT, CHENNAI ] squ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... excess duty paid and doctrine of unjust enrichment is not applicable for sanctioning of such refund benefit in its favour. To arrive at the conclusion that the respondent should be eligible for the benefit of refund, the learned Commissioner (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 own division will not suffice for claiming refund. Since the respondent has not produced any statemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on payment of higher duty was subsequently neutralized by issue of credit note. He further submits that the excess payment of excise duty has not been considered as expenditure in Profit and Loss Account and such amount has specifically been reflected in the Schedule to the balance sheet under the Heading Loans and Advances . He also produced the certificate issued by the Chartered Accountant, to prove that the excess amount of duty has in fact been 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 she ..... X X X X Extracts X X X X X X X X Extracts X X X X
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