TITAN INDUSTRIES LTD. Vs. COMMISSIONER OF CUS., BANGALORE

JUDGEMENT

(1.) THE appellant is aggrieved with OIA No. 342/03 -Cus., dated 25 -8 -2003 rejecting the refund claim on the ground that the assessee has not supported the plea with documentary evidence. The appellants have stated that they have produced the Chartered Accountants certificate which itself is sufficient to prove that the refund claim is not hit by unjust enrichment. It is their case that the gold prices are fluctuating and the jewellery products were priced on the basis of price of gold prevalent on the day of sale irrespective of whether it is domestic or export sales. They contend that the export was done with regard to the items and hence the refund was justified. The same has not been passed on to the customers and the Chartered Accountants certificate clearly established their case. They contend that they are willing to produce any fresh evidence and no opportunity was given by the Commissioner to produce the evidence to satisfy himself with regard to the plea that refund was not hit by unjust enrichment. None have appeared for the appellants despite several adjournments granted in the matter. The appeal was heard on merits.

(2.) ON our careful consideration, we notice that the appellants had produced CAs certificate which has not been accepted. The Commissioner in the order has noted that assessee did not produce any financial documents to show that duty amount had been kept in suspension in the schedules relating to Loans and Receivable. We are of the considered opinion that the lower authority and the Commissioner ought to have put the assessee on notice on this point. The appellants have rightly stated that they were under the impression that the CAs certificate is sufficient to establish their case. Had the Commissioner not accepted the same then he should have given an opportunity to the assessee to produce further evidence. The appellants grievance is justified. We are of the considered opinion that the matter has to go back to the original authority to re -examine the case in the light of the Chartered Accountants certificate and any other evidence that would be produced by the assessee at the time of hearing. The matter shall be expeditiously disposed of within four months by observing the principles of natural justice. Appeal allowed by remand to the original authority.