2012 (9) TMI 887

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.... appellant has filed this appeal against the impugned order wherein a refund claim of excess interest paid was denied on the ground of unjust enrichment. 2. The learned Counsel for the appellant submits that during the period May, 2007, the appellant cleared motor parts and subsequent to clearance, the appellant received price revision list for the said parts in the year 2008. Immediately on rece....

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....heet as receivable and the appellant has paid Income Tax also on the said excess amount of interest receivable and the onus is on the department to prove that what appellant is saying is incorrect. As the appellant has discharged their onus by proving that the burden of excess interest has not been passed on to the customers on the basis of entry shown in the Balance-sheet. The appellant relied up....

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....(Tri-Mum)    (ii) System Engineers Vs. CCE, Pune - 2008 (224) ELT 463 (Tri-Mum)    (iii) CCE, Pune-II Vs. Krishna SSK Ltd. - 2007 (220) ELT 192 (Tri-Mum) 4. On the other hand, learned AR reiterates the findings of the lower authorities. 5. Heard both sides and considered the submissions. 6. In this case, the dispute is only regarding the refund of excess interest paid by t....