TaxTMI 
TaxTMI 
2003 (5) TMI 109
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....ceed to hear and decide the appeals themselves at this stage with the consent of both sides. 2. The brief facts are that the respondents herein imported truck cranes, which were allowed clearance under Heading 8426.41. The Commissioner (Appeals) in appeal filed by the importers held that the correct classification would be CTA Heading 8426.91 and the cases were remanded for consideration of this classification. The adjudicating authorities classified the goods under Heading 8426.91 on the basis of the decision of the Commissioner (Appeals). As a result, the importers claimed refund of excess duty paid, which had arisen as a result of consequential relief. The Deputy Commissioner before whom the claims for refund were considered, held that,....
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....ss profit by way of depreciation at a fixed or variable percentage every year. In the present case the excess duty claimed as refund having been depreciated and deducted in the profit and loss account from the gross profit, the same stands adjusted/appropriated from the gross sales turnover or gross receipt of hiring charges, thereby clearly indicating that it has been indirectly passed on to the clients/customers of the applicant over a period of time. From the above, I find that the excess customs duty claimed as refund has not been borne by the applicant but the same was capitalized and depreciation claimed every year by amortizing and including the same in hiring charges of the crane in question. By including the impugned excess custom....