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2013 (5) TMI 513 - CESTAT NEW DELHIValuation - Demand of differential duty – Penalty - Held that:- though the duty was paid by the appellant at Rs.1064/- per meter but they did not receive the above consideration from the Electricity Board on account of subsequent dispute about the prices. The Board further reduced the price to Rs.600/- per electricity meter. On the above prices, the appellant had actually filed refund claim with the Revenue, which was rejected on the ground that as contracted price was Rs.1064/- per meter, subsequent reduction of prices will not have the effect on the payment of duty. - As the earlier matter decided by the Tribunal in [2005 (2) TMI 549 - CESTAT, NEW DELHI] it stands rejected by the Tribunal that original assessment and payment of duty took place at the contracted price and as such, there was no justification for subsequent reduction in price. - As such, it is seen that price of Rs.1064/- was upheld by the Tribunal in the earlier case and while rejecting the refund claim of the applicant further reduced the price. - Decided in favor of assessee.
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