2017 (9) TMI 1010

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..... is stay application, Revenue intends the order dated 05.12.2016 granting refund to the appellant should be stayed. 2.  Prima facie examination of the appellate order, more particularly, the paragraphs 12.4 and 12.5 demonstrates that the appellate authority has examined recoverability of the amount in question from Revenue and that has been depicted in the balance sheet of different periods. .....

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..... figures certified by Chartered Accountant and the Commissioner (Appeals) relied on such certificate, this is not the only basis to allow appeal of appellant by Id. Commissioner (Appeals). He has recorded that not only as per Chartered Accountant's certificate appellant is entitled to refund, he has also recorded that Balance Sheet of the appellant depicts that refundable amount is recoverable .....

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..... in the Balance Sheet as recoverable from the Departments 7.  For the reason stated above and the manner of examination of the facts and evidence by the learned Commissioner (Appeals) does not give rise to any doubt in absence of any contrary evidence, depicting his mind as to understanding of the dispute properly, there appears no case in favour of Revenue to deny the refund. Accordingly Re .....

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