2004 (4) TMI 442

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ri N.K. Mishra, JDR, for the Respondent. [Order per : C. Satapathy, Member (T)]. - Heard both sides. The lower authorities have sanctioned the refund of excess duty amounting to Rs. 2,12,32,689/- but have credited the same to the Consumer Welfare Fund. Shri S.K. Bagaria, learned Sr. Advocate appearing for the appellants argues that :- (i)         Th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cess duty burden. He clarifies with the help of cost calculations duly certified by the Chartered Accountant that the selling price fixed for the fertilizer manufactured and sold by the appellants using the impugned imported materials plus the subsidy received by the appellants representing the difference between the retention price less the selling price was much less than the cost of production ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....reiterates the conclusion of the lower authorities that the higher duty incidence has been compensated by Government subsidy to the appellants. 3. Considering the arguments from both sides and perusal of case records and the cited case law, we are of the view that subject to verification of the cost calculation, the appellants have made out a clear case that they have not passed on the dut....