2014 (12) TMI 70 - AT - Customs

Denial of refund claim - Unjust enrichment - Held that - respondent has shown the sum of ₹ 340.59 lakhs to be recoverable from the department in their balance sheet and they have obtained certificate of the Chartered Accountant to the effect also. There is no provision in law to show specifically the amount in dispute before me to be shown separately as recoverable in the balance sheet. Therefore, I hold that the appeal filed by the revenue is on frivolous ground - Decided against Revenue.

Summary

The Revenue appealed against the order sanctioning a refund claim by the Commissioner (Appeals). The respondent's refund claim was examined on merits and unjust enrichment. The lower authorities found the respondent entitled to the refund claim. The Revenue appealed, arguing the amount was not shown as recoverable from the department. However, the respondent had shown the amount as recoverable in their balance sheet with a Chartered Accountant's certificate. The appeal was dismissed as frivolous.