9911796707
TMI Blog2007 (10) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... - sale price of the final product of the assessee matches with the price of other sellers in the market who are using non duty paid identical imported CG, it is held that the duty element cannot be said to have been passed – depreciation was not written back so no benefit derived by claming depreciation X X X X Extracts X X X X X X X X Extracts X X X X ..... by Commissioner of Customs (Appeals) on 24/8/1999, the assessee became entitled to refund of the excess duty paid on the said capital goods amounting to Rs.21,43,845/-. 4. On an application for refund of the said amount made under section 27(2) of the Customs Act, the Deputy Commissioner of Customs by his order dated 20th June, 2000 sanctioned refund of Rs.21,43,845/-, however, the Deputy Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt appeal is filed by the revenue. 7. The argument of the learned counsel for the revenue is that in the present case, the respondent had availed the depreciation on the imported capital goods atleast for three years which clearly shows that the duty element paid on the capital goods has been taken into consideration in respect of the products manufactured out of the capital goods imported by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record to suggest that the duty element has been passed on to the consumer. In view of the fact that the sale price of the final product of the assessee matches with the price of other sellers in the market who are using non duty paid identical imported capital goods, it is held that the duty element cannot be said to have been passed on to the consumers. 9. Although the assessee had provided fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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