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TMI Blog2022 (1) TMI 906X X X X Extracts X X X X X X X X Extracts X X X X ..... vide his order dated 30.11.2016 that has been confirmed by the Commissioner of CGST (Appeals) Nashik, while rejecting the appeal preferred by the appellant, is assailed in this order. 2. Brief background of this case is that CENVAT credit taken against manufacture of bagasse and press mud during sugar manufacturing process but was reversed at the instance of the Deptt was held to be admissible by the Commissioner (Appeals) in his order dated 06.10.2015, consequent upon which refund application was filed for refund of CENVAT credit reversed and the above noted consequence ensued. 3. Learned Counsel for the appellant Mr. S.K. Srinath, during the course of argument, pointed out that such refusal of crediting the amount to the appellant's acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise, Chandigarh-II - [2004 (163) ELT 467] 3.1 Per contra, in response to such submissions, learned Authorised Representative for the respondent-department Ms. Anuradha S. Parab, in citing judicial decisions in the case of Union of India Vs. Solar Pesticide Pvt. Ltd. reported in 2000 (116) ELT 401 (SC) concerning Chartered Accountant certificate as well as on booking the duty paid under expenses category of Profit & Loss Account along with decisions of this Tribunal passed in the case of HPCL Vs. Commissioner of Central Excise, Mumbai-II reported in 2015 (317) ELT 379 (Tri.-Mumbai) and M/s. Valson Dyeing Bleaching & Printing Works Vs. Commissioner of Central Excise, Mumbai-II reported in 2016-TIOL-1521-CESTAT-MUM, argued that wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he burden on to the customer, unless there is a specific revision of price of the future product or recovery of the credit reversed against past sale from the customers. There are several ways by which a company can minimise its loss without revising the price. For example, as has been observed by this Tribunal in the case of M/s Pandurang SSK Ltd. Vs. CCT, Pune-II [2018 (12) TMI 1169 CESTATMumbai] and in the case of Ring Plus Aqua Ltd. Vs. Commissioner of Central Excise & Customs, Nasik reported in 2019 (370) ELT 1364 (Tri.-Mumbai), it is not invariably true that when amount is shown as expenditure or any expenditure is required to be made, the same has to be absorbed in costing of final product unless there is a proof that pricing of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igh 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 unconfirmed data of the internet available in different websites like Wikipedia.org, investopedia.com etc to analyse and elaborate the concept of "tax incidence". Hence the order. ORDER 5. The appeal is allowed and the order passed by the Commissioner of Central Excise & GST (Appeals), Nashik vide Order-in- Appeal No. NSK/EXCUS/000/APPL/187/17-18 dated 08.02.2018 is here by set aside. Appellant is entitled to the refund of reversible CENVAT credit account that was credited to the consumer welfare fund. Respondent-department is directed to refund the same with applicab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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