9911796707
TMI Blog2019 (5) TMI 1632X X X X Extracts X X X X X X X X Extracts X X X X ..... ect to their tax liability on compounding basis as the dispute with regard to annual capacity determination was pending. The said issue was finally settled in favour of the appellant. Thereafter appellant filed refund claim on 28/03/2003. The same was rejected earlier on the ground of time bar by order dated 8 November 2004. In appeal Commissioner (Appeals) held that the claim is not time barred. Thereafter another show cause notice dated 30 November 2004 was issued for rejection of refund claim on the ground of unjust enrichment. The said matter finally reached to Commissioner (Appeals) who vide impugned order-in-appeal dated 17 July 2018, allowing the appeal, held as follows :- "8. In this case, the appellant has submitted that the duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1999-2000. On perusal of the same. I find that the amount of Rs. 81.51 lacs/- as appearing in balance sheet of the appellant as on 31/03/2000 under the head Current Assets - Loans and Advances. Further, on perusal of the schedule 6 of the accounts, point (d) shown as Loans and Advances, I find that Rs. 28.14 lacs were shown as advances recoverable in cash or in kind for value to be received. I find that the appellant has also submitted CA certificate dated 06/05/2003, certifying that the amount of Rs. 28,13,795/- as appearing in BS as on 31/03/2000 under the head advances recoverable in cash or kind for value to be received under the head Loans and Advances to schedule 6 of which Rs. 23,22,743/- as shown as "Duty payment on a/c of Gallerie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid amount has been shown as "advance recoverable" as per the disclosure requirement of the Companies Act. Further, in the account, Rs. 8,40,643/- have been shown as duty payment on account of galleries under protest. Accordingly, I find that the Commissioner (Appeals) have correctly determined the issue that the clause of unjust enrichment is not attracted in view of the facts and circumstances. I find that there is no merit in the ground by Revenue and same do not have any merit. Accordingly, the appeal filed by the Revenue is dismissed. Accordingly, the respondent/assessee is entitled for consequential benefit. The Adjudicating Authority is directed to disburse the refund claim within a period of 60 days from the date of receipt of this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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