9911796707
TMI Blog2022 (1) TMI 906X X X X Extracts X X X X X X X X Extracts X X X X ..... rue rule of accounting procedure and those cannot be treated as ratio discindendi to be followed as judicial precedent and not even an obiter dictum in view of misrepresentation of facts and rules of accounting. It is not understood as to why such Chartered Accountant certificates, which is considered as a certificate of Statutory Auditor, had been thrown out by the Commissioner (Appeals) as unbelievable and not accepted as a piece of documentary evidence though it is in the footing of an Expert Opinion under Section 45 of the Indian Evidence Act so as to outweigh the perception that all expenditure of a company are recovered from the customers, in which event no loss making company would ever exist on earth, though he trusted the unconf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant s account arose as the refund sanctioning authority and Commissioner (Appeals) disregarded the Charted Accountant s Certificates and observed that once amount is shown in the books of account as expenditure, the same is deemed to have been passed to the customers for which no refund can be granted to the appellant. Besides the case laws relied upon by the appellant in its appeal memo and written submissions, learned Counsel for the appellant also placed his reliance on the following judgments in support of passing the test of unjust enrichment and the following case laws in support of acceptance of Chartered Accountant certificate as a piece of evidence. (i) Union of India Vs. Solar Pesticide Pvt. Ltd. [2000 (116) ELT 401 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 016-TIOL-1521-CESTAT-MUM, argued that when refund amount due is not shown as claims receivable, the same is to be treated as expenditure and the momentt it is shown as expenditure in the Profit Loss Account, the incidence of duty is passed on to the customers, for which interference by the Tribunal in the order passed by the Commissioner (Appeals) is uncalled for. 4. I have heard from both sides and perused the case record as well as judgments cited by both the parties. In some of the judgments it can be noticed that the facts covering the accounting rules are mis-represented by the parties during submissions, for which observations that unless the amount is shown as receivable and shown in the books of account as expenditure, the inci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... less there is a proof that pricing of the final product has specifically been increased on that score, since there are various mechanisms available before the manufacture to absorb the cost -say by way of reducing profit margin of its sale, overhead expenditure of the company etc. 5. As has been observed in the case of Union of India Vs. Solar Pesticide Pvt. Ltd. (supra) by the Hon'ble Supreme Court, on which reliance is placed by both the parties, there could be some indirect means to recover the duty but it was said in the context of adding the duty paid on the raw materials in the price of finished goods. However, in the case of the Appellant, they have produced two Chartered Accountant certificates dated 11.04.2016 and dated nil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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