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    <title>2008 (11) TMI 89 - RAJASTHAN HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=32408</link>
    <description>HC dismissed the revenue&#039;s appeal and upheld the Tribunal&#039;s grant of refund of excess excise duty. The court held that issuance of debit and credit notes reduced the taxable price and, once the assessee produced credible evidence that the duty burden was not passed to purchasers, the statutory presumption under s.12B was rebutted. The HC rejected the revenue&#039;s argument that allowing adjustments would invite pilferage, noting that revenue may rebut any fraudulent notes with evidence. On the facts, denial of the refund was unwarranted and the appeal was dismissed.</description>
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    <pubDate>Wed, 26 Nov 2008 00:00:00 +0530</pubDate>
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      <title>2008 (11) TMI 89 - RAJASTHAN HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=32408</link>
      <description>HC dismissed the revenue&#039;s appeal and upheld the Tribunal&#039;s grant of refund of excess excise duty. The court held that issuance of debit and credit notes reduced the taxable price and, once the assessee produced credible evidence that the duty burden was not passed to purchasers, the statutory presumption under s.12B was rebutted. The HC rejected the revenue&#039;s argument that allowing adjustments would invite pilferage, noting that revenue may rebut any fraudulent notes with evidence. On the facts, denial of the refund was unwarranted and the appeal was dismissed.</description>
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      <pubDate>Wed, 26 Nov 2008 00:00:00 +0530</pubDate>
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