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TMI Blog2008 (6) TMI 491X X X X Extracts X X X X X X X X Extracts X X X X ..... Acrylate Monomer in the year 1996. Goods were cleared on provisional assessment and duty has been paid as declared in the bills of entry. Subsequently, in July 1997, a show cause notice was issued for enhancement of value of the imported goods. The proceedings were dropped by Commissioner of Customs. The revenue challenge the order passed by Commissioner of Customs, dropping the proceedings and the Tribunal vide order dated 24-8-2000 set aside the order passed by the Commissioner of Customs and confirmed the demand of Rs. 42,11,864/- and also imposed penalty of Rs. Forty lakhs. Appellant challenged the order passed by the Tribunal before Hon ble Supreme Court and Hon ble Supreme Court only granted stay regarding recovery of amount of penal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The contention is that goods were cleared on payment of duty at the value declared by the appellant in the bill of entry and subsequently a show cause notice for enhancement of the value and the proceedings were dropped by the Commissioner of Customs. The duty was subsequently paid after five years from the clearance of the goods and pursuance to the order passed by the Tribunal. Therefore, the finding that no evidence was produced the duty has not been passed on to the buyers during provisional assessment are not sustainable. The appellant produced a certificate issued by Chartered Accountant showing that the amount in dispute is shown as recoverable in books of account and the same has not been passed on to the buyers as per the books of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und claim in pursuance to the order passed by the Hon ble Supreme Court, the revenue sanctioned the refund, however, the amount is credited in Welfare Fund on the ground that appellant fail to show that burden of duty has not been passed on. 6. We find that duty has been paid in the year 2001, however, the goods were imported and cleared in the year 1996. The appellant produced evidence to show that the amount in question was reflected in the books of account as recoverable from customers from the year 2001-2002 and till today it is shown as recoverable. The Chartered Accountant also certified to the effect that amount in question has not been passed to the buyers as per the books of accounts maintained by the appellant and the sale price ..... X X X X Extracts X X X X X X X X Extracts X X X X
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