2017 (6) TMI 610

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....espondent: Shri Sameer Chitkara, A.R. ORDER Per: Dr. D.M. Misra These appeals are filed against respective orders since involves a common issue, taken up together for disposal. 2. Briefly stated, the facts of the case are that the appellants had imported steam (non-coking) coal during the relevant period and filed Bills of Entry which were provisionally assessed. Besides payment of various Cus....

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....ubmits that even though the import was made in the year 2010-11, the assessment was initially on provisional basis and later finalized in the year 2011-12. It is his contention that after the learned Commissioner (Appeals)'s order dt.28.02.2012, they became eligible for refund. It is his contention that since the assessment was provisional in the financial year 2010-11 and the refund became due in....

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....the refund amount was not booked as expenditure in the financial year 2010-11, but only after finalization of the provisional assessment, it was reflected in the balance sheet for the financial year 2011-12, and shown as receivable. The learned Advocate also vehemently argued that without any sound basis, the CA certificate issued by the statutory auditor was ignored by the learned Commissioner (A....

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.... on the other hand, observed that since the appellant did not show the refund amount as receivable, during the financial year 2010-11, i.e. when the duty amount was paid by them, therefore, the amount so paid be considered as an expenditure and be treated as cost of the goods, hence the burden of the duty claimed as refund must have been passed to the customers. I find that initially the Adjudicat....