2012 (11) TMI 362

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..... is directed against order-in-appeal No.YDB(19)M.V/2012 dated 12/03/2012 passed by the Commissioner of Central Excise (Appeals), Mumbai. 2. The appellant, M/s.Bharat Industries, are manufacturers of moulds and dies falling under Chapter 84 of the Schedule to the Central Excise Tariff Act, 1985. They filed a refund claim for Rs.2,53,057/- on 19/07/2011. The said refund claim was rejected by the ori .....

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..... duced a Chartered Accountant s certificate wherein it has been certified that the appellant has borne the incidence of duty of which he claiming the refund and since the refund amount is included in the balance sheet as expenses, if forms part of the profit and loss account. Therefore, the same cannot be said to have been included in the cost of the products recovered from the customers. Accordin .....

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..... e amount of refund has been taken as expenses in the balance sheet for the year 2004-2005. Once the amount is taken as expenses and is not shown as amounts receivable from the department in the books of accounts it has to be presumed that cost of expenses formed part of the cost of products sold by the appellants. A Chartered Accountant s certificate by itself cannot be a proof for non-collection .....

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