2004 (11) TMI 272

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.... Member (J)].- The Revenue is aggrieved with the OIA No. 1/2004 dated 20-1-2004 by which the Commissioner (Appeals) has accepted the assesse's plea and the records placed by them that the refund is eligible to them and that they have not passed on the incidence of duty to their customers. 2. The Revenue's contention is that the refund is required to be passed on to the ultimate consumer and not....

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..... 986 (Tribunal) although dismissed the Revenue appeal but noted the evidence on record that the dealer had passed on the incidence of duty to the ultimate consumers. He submitted that this proposition should be accepted in the matter. 3. The learned Counsel pointed out that the Commissioner (Appeals) had examined the entire records and evidences, which have been produced by them before both th....

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....ue was already covered by the judgment of this citation, the Revenue's appeal is required to be rejected. 4. On a careful consideration, we find from the Grounds of Appeal that the Revenue is aggrieved with the finding of the Madras High Court judgment rendered in the case of Addison & Co. v. CCE and has stated that this matter has been taken up before the Apex Court. There is no stay against t....