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TMI Blog2017 (1) TMI 281X X X X Extracts X X X X X X X X Extracts X X X X ..... he amount encashed in the shape of Bank Guarantee is reflected in the book of appellant as amounts recoverable from the Customs authorities. None of these have been disputed by the Revenue - the appellants have discharged the onus of unjust enrichment - appeal allowed - decided in favor of appellant. - C/394/07-MUM - A/94241/16/SMB - Dated:- 2-12-2016 - Shri Raju, Member (Technical) Shri S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ashment of Bank Guarantee became refundable. On an application of the appellant, the said amount was sanctioned. However, the same was transferred to the Consumer Welfare Fund in terms of Section 27 (2B) of the Customs Act, 1962. This order of the original adjudicating authority was upheld by the Commissioner (Appeals). Aggrieved by the said order, the appellants are before Tribunal. 2. Learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omers in these 4 invoices. Learned Counsel argued that the material was cleared almost 8 to 9 months after the Bill of Entry was filed and they had to sell the goods at a loss. He argued that the Commissioner (Appeals) has clearly observed as follows: - Further, the Chartered Accountant has certified that Bank Guarantee of ₹ 24,48,851.45 has been encashed by Customs authorities and. sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder-in-Original nor Order-in-Appeal discards the C.A. certificate. The goods were cleared in the month of January, 2002 and the sale invoices produced are of 24.2.2002, 26.2.2002 and 13.4.2002. The Chartered Accountant has certified that no extra levy has been collected from the customers. He has also certified that the amount encashed in the shape of Bank Guarantee is reflected in the book of a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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