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2014 (3) TMI 671 - HC - Central ExciseEntitlement for refund of excise duty - Unjust Enrichment - Whether assessee is entitled for refund of duty on account of the discounts allowed to the dealers subsequent to the time of removal of the goods – Whether Tribunal was right in rejecting the appeal in view of Section 11-C ignoring decision of the High Court of Madras on Section 11-B and 12-B - Held that:- Judgment in ADDISON AND CO. v. COMMISSIONER [2000 (11) TMI 146 - HIGH COURT OF JUDICATURE AT MADRAS] followed - while dealing with the matters arising u/s 35-G the High Court is bound to accept the findings of fact recorded by the Tribunal - The orders of the primary and first appellate authorities have merged with the orders of the Tribunal and the Tribunal by itself did not disturb any of the findings of fact as recorded by the authorities below - both the authorities, primary as well as the appellate, had categorically recorded that the Assessee had made over the excise duty component, which was collected originally on revision of the invoice price, in the process of allowing discounts. Trade practice of allowing quantitative discounts and the aspect of adjustment of the excise duty in conformity with the discounts are allowed - The principle of taking the value for the purpose of determining tax as the transaction value of the goods, as reflected in the invoice price at the time of delivery of goods to the buyer is established- the appropriate provision applicable are the proviso (d) to Section 11-B (2) - Section 12 is relevant when the party who is liable to pay excise duty on any goods, has to file the sales invoice and other documents relating to assessment at the time of clearance of the goods itself - all the appeals are allowed – Miscellaneous petitions pending, if any, stands closed - Decided in favour of assessee.
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