2007 (10) TMI 196

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.... A of the Customs Act, 1962 against the order of the CESTAT dated 4/5/2006. 2. The basic question raised in this appeal is, whether the Tribunal is justified in holding that the respondent / assessee is entitled to the refund of the customs duty paid on the capital goods, when the Dy.  Commissioner of Customs had ordered that the refund amount be credited to the Consumer Welfare Fund in ac....

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....cted that the said amount be credited to the Consumer Welfare Fund in accordance with section 27(2) read with 27D of the Customs Act, 1962 on the ground that the respondent failed to establish that the duty element has not been passed on to the consumers. 5.  On appeal filed by the respondent, the Commissioner of Customs (A) by his order dated 22/3/2001 held that there is evidence to show ....

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....the assessee. In the light of the decision of the Apex Court in the case of M/s.Solar Pesticides Pvt. Ltd. reported in 2000 (116) E.L.T. 401 (S.C.), it is submitted that the principles of unjust enrichment applies even in respect of capital goods and in the present case, in the absence of any evidence to the contrary, the adjudicating authority was justifying in denying the refund to the responden....

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.... assessee had provided for depreciation on the capital goods by debiting the same to the profit and loss account for three assessment years it is not in dispute that the same has been written back and credited to the profit and loss account in the year 1999-2000. This fact certified by the Chartered Accountants and produced before the authorities below have not been doubted. Moreover, the finding ....