2009 (6) TMI 355

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..... goods by the seller was not passed on to the buyer - Chartered Accountant certificate that duty burden has not been passed on - Such a certificate should be based on accounts and accounting practices/principles. None of this is discernible from this document. Therefore, the lower authorities are fully justified in having not admitted the Chartered Accountant’s certificate as evidence against bar .....

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..... l of Entry, a copy of invoice and a certificate from their Chartered Accountant. The Bill of Entry offered itself as primary evidence of CVD having been paid. The invoice reflected what is called "distress sale" of the goods by the party after its clearance at customs. The claim is to the effect that the goods were sold at the lesser price of Rs. 16,800/- per set after its import @ Rs. 17,214/-. p .....

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..... this connection the authority has usefully quoted from the landmark judgment of the Supreme Court in Mafatlal Industries Ltd. v. CCE - 1997 (89) E.L.T. 247 (S.C.). As regards the certificate of the Chartered Accountant, I note that it does not disclose any basis whatsoever. Such a certificate should be based on accounts and accounting practices/principles. None of this is discernible from this doc .....

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