TaxTMI 
TaxTMI 
2018 (1) TMI 763
X X X X Extracts X X X X
X X X X Extracts X X X X
....the authorities as an amount paid in excess when the Bills of Entry were assessed. Show cause notice was issued for rejection of the refund claim on the ground of unjust enrichment and non compliance of provisions of Sec. 27(ii) of the Customs Act, 1962. The Adjudicating Authority after following due process of law rejected the refund claims; recorded the findings the Chartered Accountants certificate which was produced before him and came to a conclusion that the doctrine of unjust enrichment has not been cleared. Aggrieved by the said order an appeal was preferred. The First Appellate Authority in the impugned order has come to a conclusion that the doctrine of unjust enrichment will not apply in the case in hand in as much the said refun....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... amounts for which refund claim have been shown in the books of accounts as receivable and the same has not been passed the purchasers in any form; relies upon the decision of the Bench in their own case in Appeal No C/10358/2017 which was decided by the Final Order No A/13722/2017 dt 12.10.2017 and submits that in that case the subsequent year the amount was shown as receivable in the balance sheets. 5. After consideration of the submission of both sides, I find that the refund claim filed by the respondent herein has arises out of finalization of various Bills of Entries which was initially assessed provisionally. I find that while claiming refunds, respondent had filed Chartered Accountants certificate alongwith details as to why they a....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... assessed at the time of import and later on upon receipt of proper/original documents were finally assessed. I find that there is excess payment of duty made by the appellant which is revealed at the time of final assessment of 34v Bills of Entry. I find that the appellant is following accrual based accounting practice in terms of Section 209 of companies Act, 1956 and as such income has to be recorded in the books of only when same is actually due. I find that appellant has produced Certificate of Chartered Accountant 13.01.2014 wherein it is certified that the refund claim amount is shown as claim receivable from customs . I disagree with the order of lower authority that unjust enrichment is applicable in the present case. I agree with ....