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2014 (2) TMI 328 - CESTAT NEW DELHIRefund claim u/s 11B - negative price variation - Unjust enrichment - Held that:- refund can be granted to the assessee in a situation where the assessments were not made provisional but the price of excisable goods was reduced downward after clearance of the goods as per price variation clause which was in existence in the contract under which goods were being cleared and the buyers adjusted the amount. There are sales prices to be paid on the goods subsequently sold - appellants have taken a categorical stand that on account of negative price variation, they have issued the credit notes to their customers by crediting the account of the buyers in their books of accounts. This amount includes incidence of duty also - it can be safely concluded that duty incidence does not stand passed on to the buyers, and as such are not hit by the provisions of unjust enrichment - Following decision of CCE, Ghaziabad vs. Mahavir Cylinders [2013 (6) TMI 509 - CESTAT, NEW DELHI] - Decided in favour of assessee.
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