2004 (1) TMI 132

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..... - Respondents are manufacturers of 'Asafoetida' and were paying duty under protest and were issuing the Central Excise invoice as per the law i.e. showing the duty element separately. However, the commercial invoice issued did not show the duty element separately. The CCE (Appeals) after recording a finding to the effect - "..... The appellants had started paying the duly effective from 25-3-....

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.... submitted that during the intervening period there was increase in the sale price of the goods on account of increase in the cost of raw materials, in support of which they have produced a Chartered Accountant's certificate. This is evidence enough that the incidence of the duty paid under protest was borne by them and was not passed on to their customers." and thereafter relying upon the cate....

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....is in appeal against the above on the grounds - (a)        Increase in price was not due to raw material cost increase and was much more than incidence of duty. (b)        The CA certificate does not bring out the correct picture since the amounts shown are under the Head 'Deposits and Investments' and would have no bearin....

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....quivalent to the increase in duty. This factual finding is not challenged. The reliance on the Tribunal decision in the case of Infar (India) Ltd. [2002 (150) E.L.T. 411 = 2002 (52) RLT 303] by the CCE (Appeals) cannot be faulted. Nothing has been placed before us to show that the appellants profit would not result in loss, if the refund is not granted. The very fact that the excise duty discharge....