2005 (8) TMI 238 - AT - Central Excise

Summary

Issues: Refund claim, Burden of duty passing to buyers, Excess amount collected, Account books evidence, Eligibility for refund.

In this case, the Revenue appealed against the Order-in-Appeal allowing a refund claim. The Commissioner (Appeals) found, based on the respondent's account books, that the duty burden was not passed on to buyers. The Revenue argued that the respondent collected an excess amount exceeding the excise duty, passing on the duty burden. However, the respondent contended that they treated the excise duty paid as 'amount receivable' for refund in their accounts and did not pass on the duty to buyers. The Commissioner (Appeals) analyzed the account books and concluded that the duty burden was not passed on, making the respondent eligible for the refund. The Tribunal upheld the Commissioner's findings, stating that the appellant's account books supported the decision, and dismissed the appeal along with the cross-objections. The judgment emphasized the importance of maintaining accurate account records to determine the passing on of duty burden and eligibility for refunds.