2005 (8) TMI 231

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....ppellant-Commissioner, and Shri K.K. Acharya, learned Advocate for the respondent-company. Shri Sanyal learned J.D.R. submits that it has been held by this Tribunal in a number of cases that the refund is not admissible, even if the Credit Notes have been issued later on, as passing of the duty occurred at the time of clearance of the product. He submits that the Order of the Commissioner (Appeals....

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....he claimed amount to the Consumer Welfare Fund on the solitary ground that the respondent-company failed to produce any record/evidence to prove that they have not collected the excise duty from their buyer. He submits that the buyer vide his letter dated 3-11-1997, addressed to the original authority, has confirmed that they have not paid any excise duty to the respondent-company. The finding of ....

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....t's balance sheet under the sub-head 'Loans and Advances' of the main head 'Current assets, loans and advances'. It has been further certified that the said deposit has not been recovered/collected from the buyer of the product. On the contrary, the consignee of the goods, i.e., M/s. FACOR, Sree Ram Nagar, Andhra Pradesh, vide their letter dated 3-2-1998 have certified that the incidence of duty w....

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.... 3-11-1997, addressed to the original authority who confirmed that they have not paid any excise duty to the respondents on account of the procurement of the said WMI Crane, and that the buyer has not taken any Modvat credit of excise duty paid by the respondents on the said WMI Crane. The buyer also got the said statement certified by an independent Chartered Accountant by way of a Certificate da....