9911796707
TMI Blog2016 (7) TMI 978X X X X Extracts X X X X X X X X Extracts X X X X ..... s. - Held that:- t is observed that the said certificate is supported by the entry in the Balance Sheet and ledger account under which the amount is shown as Import Duty, fine and penalty by Customs Department and shown as “Receivable”. The department has not questioned the correctness or accuracy of the said certificate of Chartered Accountant or the entry in the books of accounts - it is clear t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been erroneously paid to the appellants. 3. It is observed that the Commissioner (Appeals) in the impugned order has held that Chartered Accountant certificate alone is not sufficient to show that the burden of duty has not been passed on to their customers. This is the sole ground for his decision in allowing the Revenue's appeal for recovery of ₹ 19,92,811/- said to have been erroneou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing as receivable (Debit Balance) in the Books of M/s. Suraj Cotton and the balance amount of ₹ 13,942/- (Total Challan of ₹ 20,06,753 Less ₹ 19,92,811) had been written off in the Profit and Loss Account during the Financial Year 2012-13 under the head "Import Duty" in the books of accounts." 4. It is observed that the said certificate is supported by the entry in the Balance S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As regards the remaining amount of ₹ 8,92,811/-, which pertains to duty, as the entire total amount is shown as "receivable" in the balance sheet and the certificate of Chartered Accountant vouch that same is still shown as outstanding, it is clear that the said amount has not been passed on to the customers. 5. Under the above circumstances, we find no reason why the refund amount of ͅ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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