2018 (8) TMI 708

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..... l duty collected as countervailing duty at the time of import. It is also clear that there is a Chartered Accountant's certificate to the effect that the incidence of duty has not been passed on. It is but natural that proceeds of sale would be reflected in the books as receipts earned from sale. The impugned order has erred in upholding the rejection of the refund claim without adequate justif .....

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..... e original authority that the appellant was unable to establish that the incidence of duty had not been passed on to their customers and, in accordance with section 27 of Customs Act, 1962, the claims were rejected. The rejection of the claim was upheld by the first appellate authority leading to the present appeal. 2. Learned Authorised Representative appearing for appellant drew attention to .....

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..... Accountant's certificate was considered unacceptable because of the crediting of the entire sale value as income in the profit and loss account without making a provision for the refund amount as receivables. It is seen from the tax invoice that no portion of the price recovered from the customers was stated to include special additional duty collected as countervailing duty at the time of im .....

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