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The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) ruled that the appellant is entitled to a refund of excess additional customs duty. The Tribunal accepted the chartered accountant's certificate dated 29.12.2015, which was identically issued for imports from Delhi, Ahmedabad, and Hyderabad, as sufficient proof that the incidence of duty was not passed on to buyers. The Hyderabad and Ahmedabad Benches had previously upheld the certificate's validity. The Tribunal rejected the department's contention that additional corroborative evidence u/ss 28C and 28D of the Customs Act was required. Consequently, the Commissioner (Appeals) orders confirming the deposit of the sanctioned amount in the Consumer Welfare Fund were set aside, and the appellant was held entitled to refunds of Rs. 3,43,88,087/- and Rs. 2,33,05,108/- with consequential relief.
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) ruled that the appellant is entitled to a refund of excess additional customs duty. The Tribunal accepted the chartered accountant's certificate dated 29.12.2015, which was identically issued for imports from Delhi, Ahmedabad, and Hyderabad, as sufficient proof that the incidence of duty was not passed on to buyers. The Hyderabad and Ahmedabad Benches had previously upheld the certificate's validity. The Tribunal rejected the department's contention that additional corroborative evidence u/ss 28C and 28D of the Customs Act was required. Consequently, the Commissioner (Appeals) orders confirming the deposit of the sanctioned amount in the Consumer Welfare Fund were set aside, and the appellant was held entitled to refunds of Rs. 3,43,88,087/- and Rs. 2,33,05,108/- with consequential relief.
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