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2018 (9) TMI 1919

..... redit note cannot be accepted as conclusive evidence for claiming that excess duty had in fact been paid and incidence of such duty has not been passed on to any other person - HELD THAT:- The amount of refund in question, was reflected under the Head ‘Loans and Advances” with narration “Balance with statutory / government authorities”. Upon verification of the particulars reflected in the balance sheet and accounting records maintained 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 submitt .....

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..... te cannot be accepted as conclusive evidence for claiming that excess duty had in fact been paid and incidence of such duty has not been passed on to any other person. On appeal, learned Commissioner (Appeals) vide impugned order has allowed the appeal in favour of the respondent, holding that the respondent is eligible to the refund of 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 impu .....

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..... Thus, it is contended that the respondent is not eligible for refund of excess duty, as claimed by it. 4. On the other hand, learned Advocate appearing for the respondent submits that the goods initially cleared from the factory of the manufacturer through OCC Division 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 an .....

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