9911796707
TMI Blog2015 (10) TMI 1541X X X X Extracts X X X X X X X X Extracts X X X X ..... such revised balance sheet to the concerned Income Tax authority then refund claim of the appellant shall not be hit by unjust enrichment. Since revised balance sheet have not been produced either before the original authority or before the Ld. Commissioner (Appeals) the matter requires to be remanded to original adjudicating authority. - Matter remanded back - Decided in favour of assessee. - Appeal No. E/263/10 - - - Dated:- 11-5-2015 - Ramesh Nair, Member (J), J. For the Appellant : Shri Bharat Raichandani, Adv For the Respondent : Shri Sanjay Hasija, Superintendent (AR) ORDER Per: Ramesh Nair: This appeal is directed against Order-in-Appeal No. PIII/VM/253/2009 dtd. 26/11/2009 passed by the Commissioner (Appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny other person. He further submits that subsequent to the passing of order by the original authority as well as the Commissioner (Appeals) the appellant have revised their return/balance sheet for all the financial years and accordingly the amount of refund has been shown as receivable under the head of 'Loans and Advances' in the assets side of balance sheet. In this support, Ld. Counsel has submitted copies of balance sheet for the year ended 31 st March 2009, 31 st March 2010, 31 st March 2012, 31 st March, 2013 and 31 st Mar 2014. It is his submission that even if it is considered that booking of amount under expenditure will tantamount to passing of incidence of such duty to any other person but since, balance sheet have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on to the person whom the appellant made sale during the relevant period. However, as submitted by the Ld. Counsel that the appellant have revised the balance sheet and in the revised balance sheet they have shown refund amount as receivable under the head of 'loans and advances' in the balance sheet. If the revised balance sheet for the entire period are found correct and if the same has been audited or if the appellant produced evidence of acknowledgement of such revised balance sheet to the concerned Income Tax authority then refund claim of the appellant shall not be hit by unjust enrichment. Since revised balance sheet have not been produced either before the original authority or before the Ld. Commissioner (Appeals) the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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