2018 (6) TMI 261

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....appeal is directed against order-in-appeal No. 606(CRC-1A)/2017(JNCH)/Appeal II dated 23.09.2017. 2. Heard both sides and perused the records. 3. On perusal of records, it transpires that the issue is regarding refund of customs duty amounting to Rs. 1,28,979/- paid in excess on 31.03.2012. Adjudicating authority rejected the refund claim on the ground of unjust enrichment. Appellant had produce....

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.... that the amount of excess customs duty paid has not been debited in profit and loss Account and has been shown as amount due as refund of excess duty on the asset side of the balance sheet. It was also certified that the amount reflecting under the head of Amount Due As Refund of Excess Duty is to the tune of Rs. 3,54,546/- and the said refund claim of Rs. 1,28,979/- forms part of the same. On cr....

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....usal of Chartered Accountant certificate annexed at page 28 of the appeal memoranda, I find that the Chartered Accountant has categorically stated that the amount of Rs. 1,28,979/- is excess of customs duty paid and not being passed on to any buyers. The finding of the first appellate authority that in the balance sheet for the period 2013-14, the said figure has not reflected, I find them factual....