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2011 (2) TMI 548 - AT - Central ExciseRefund - 100% E.O.U - respondents are engaged in the manufacture of leather finishing chemicals falling under Chapter heading Nos. 29, 32, 34, 38 & 39 of the Central Excise Tariff Act, 1985 - assessee revised its agreement with the dealers by splitting the 14% discount into 11% allowed at the time of clearance of the goods and the balance 3% to be allowed on receipt of payments from the dealers by the due date - Even though the assessments were not provisional, that itself could not disentitle the assessee from claiming the refund - After clearance and sale of goods on payment of duty with reference to the classification and price, indicated by the assessee at the time of removal, MRF had sought refund of duty paid on that part of the value which the Government had reduced retrospectively in its agreement for purchase from MRF Ltd - in an arms length transaction, conditions for payment & delivery remaining same, the value for assessment of excisable goods did not undergo change on introduction of the ‘transaction value’ - assessable value of the excisable goods has all along been the total consideration received by the manufacturer of excisable goods from the buyer - Decided in favor of the assessee
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