2015 (12) TMI 863

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....t : Shri. V.K. Agarwal, Addl. Commissioner(A.R.) ORDER Per : Ramesh Nair The appeal is directed against Order-in- Appeal No. PI/VSK/25/2010 dated 9/2/2010 passed by the Commissioner (Appeals), Central Excise Pune-I, wherein the Ld. Commissioner appeal upheld the order of the adjudicating authority and disallowed the appeal of the appellant. The fact of the case is that appellant filed ref....

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....ce the appellant is before me. 2. Shri. Rajeev D. Waglay, Ld. Counsel for the appellant submits that as regards the unjust enrichment appellant had submitted balance sheet as on 31/3/2008, statement of account from 1/4/2007 to 31/2/2008 and Chartered Accountant certificate dated 28/2/2009 certifying that payment made to Excise Department is included under head Account Receivable from Excise Dep....

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....ts will be submitted as on date of finalization the refund claim before the adjudicating authority. 3. On the other hand, Shri. V.K. Agarwal, Ld. Addl. Commissioner (A.R.) appearing for the Revenue reiterates the findings of the impugned order and submits that as regards the unjust enrichment the accounting procedure of the amount to be refunded has to be established not only in the books for t....

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....und claim. On perusal of books of accounts of 2007-08 and CA certificate, it is clear that amount of refund is accounted for under head of loans and advances in the asset sides of the balance sheet. In my view if this treatment is given to the refund amount in the books of account, it is sufficient ground for establishing that the incidence of such duty has not been passed on. However this treatme....