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TMI Blog2022 (2) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... paragraph as reducing the net income of the business owner by way of reducing the business benefit. It is difficult to understand from where he borrowed this inference that ultimate incidence of all taxes shifts from business to the consumer and mere reflection of the same in the books of account (perhaps he meant thereby receivable) does not reflect actual shifting of incidence. No prudent man would concur to his finding that is based on erroneous understanding of simple English sentence available in the Encyclopaedia Britannica strangely he equated most of the cost of tax with all taxes . Therefore, the reasoning in his order on failure of the Appellant to pass the burden of unjust enrichment appears to be erroneous. Appeal allo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filing refund application in proper form and admissibility of refund etc. in favour of the Appellant but held a finding that Appellant had failed to cross the bar of unjust enrichment, for which he ordered the refund amount to be credited to the consumer welfare fund instead of crediting the same to the Appellant s account. The said order is assailed before this forum. 3. Lengthy argument is led by both the sides on the legality of including/not including the sales tax incentives in the assessable value, acceptance of any payment made during the investigation as paid under protest etc. Alternatively, learned Counsel for the Appellant had argued about the applicability of the judgment of Hon'ble Allahabad High Court in the case of Eb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... axes are paid by business firms, but most of the cost of the tax is actually passed on to those who buy the goods that are being taxed. In other words, the tax is shifted from the business to the consumer. Taxes may be shifted in several directions. Forward shifting takes place if the burden falls entirely on the user, rather than the supplier, of the commodity or service in question - e.g., an excise tax on luxuries that increase their price to the purchaser. Backward shifting occurs when the price of the article taxed remains the same but the cost of the tax is borne by those engaged in producing it e.g., through lower wages and salaries, lower prices for raw materials or a lower return on borrowed capital. Finally, a tax may not be shi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ust enrichment appears to be erroneous. In view of fact that in similar set of circumstances, as pointed out by the learned Counsel for the Appellant, Hon'ble High Court of Allahabad in the case of Ebiz.Com Pvt. Ltd. (supra), basing on the decision of Hon'ble Madras High Court in the case of Commissioner of Central Excise, Coimbatore Vs. Pricol Ltd. reported in 2015 (39) STR 190 (Mad.) read with the order of Hon'ble High Court of Bombay in the case of Nelco Ltd. that has been affirmed by the Hon'ble Apex Court basing on the previous judgment of Suvidhe Ltd. and Mahavir Aluminium (all passed contrary to the relied upon judgment of United Spirit Ltd. (supra) by the Revenue but in confirmity to its appeal preferred in the Hon&# ..... X X X X Extracts X X X X X X X X Extracts X X X X
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