TMI Blog2014 (10) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... the transformers - Held that:- Clause of deduction of price was known prior to clearance of the goods. As appellant could not fulfill the terms of the agreement, therefore the buyer was entitled to deduct the amount from the invoice price. In these circumstances, whatever amount they have received less from the buyer, they are entitled to take refund of the duty component involved in the deducted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clause in the agreement that if the appellant failed to supply the particular quantity during a particular period, the buyer shall have a right to deduct or required to pay less amount as per the agreed price. As the appellant failed to supply the specified quantity during a specified period, therefore, the payments were deducted by M/s. U.P. Power Corporation. As the appellant has not received fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uyer, they are entitled to take refund of the duty component involved in the deducted amount. In these circumstances, relying on the decision of CCE vs. Victory Electricals Ltd. 2013 (298) ELT 534 (Tri-LB), I hold that appellant are entitled for refund claim. 5. With these observations, impugned order is set aside. Appeal is allowed with consequential relief. (Dictated in Court) - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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