2005 (8) TMI 238

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....is appeal against the Order-in-Appeal passed by the Commissioner (Appeals) whereby the refund claim filed by the respondent was allowed. The Commissioner (Appeals) in the impugned order after going through the account books maintained by the respondent gave a finding of fact that burden of duty has not been passed on by the respondent to their buyers. 3. The contention of the Revenue in the pre....

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....nt of excise duty is mentioned as Nil. 5. I find that Commissioner (Appeals) in the impugned order after going the account books gave a finding of fact that the respondents have taken the excise duty paid to the manufacturer under the category of 'amount receivable' and that entire amount collected from their buyers over and above the purchase price (without tax) has been taken as gross profit ....

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....xcise duty paid to Nepa Ltd. under the category of 'amount receivable' (from the department as refund) and that they had taken the different between the purchase price from Nepa Ltd. (without tax) and their selling price to subsequent buyers as gross profit liable to Income-tax. Accordingly based on the material available on the record, I am of the view that the tax burden borne by the Appellants ....