2019 (5) TMI 1632

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....he period July 1999 to February 2000 with respect to their tax liability on compounding basis as the dispute with regard to annual capacity determination was pending. The said issue was finally settled in favour of the appellant. Thereafter appellant filed refund claim on 28/03/2003. The same was rejected earlier on the ground of time bar by order dated 8 November 2004. In appeal Commissioner (Appeals) held that the claim is not time barred. Thereafter another show cause notice dated 30 November 2004 was issued for rejection of refund claim on the ground of unjust enrichment. The said matter finally reached to Commissioner (Appeals) who vide impugned order-in-appeal dated 17 July 2018, allowing the appeal, held as follows :- "8. In....

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....as also submitted copy of balance sheet for the period from 1999-2000. On perusal of the same. I find that the amount of Rs. 81.51 lacs/- as appearing in balance sheet of the appellant as on 31/03/2000 under the head Current Assets - Loans and Advances. Further, on perusal of the schedule 6 of the accounts, point (d) shown as Loans and Advances, I find that Rs. 28.14 lacs were shown as advances recoverable in cash or in kind for value to be received. I find that the appellant has also submitted CA certificate dated 06/05/2003, certifying that the amount of Rs. 28,13,795/- as appearing in BS as on 31/03/2000 under the head advances recoverable in cash or kind for value to be received under the head Loans and Advances to schedule 6 of which R....