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2014 (10) TMI 160 - CESTAT CHENNAIRecovery of refund already granted - excess duty paid - revision in price on the basis of debit note - Commissioner (Appeals) proceeded on the basis of amount mentioned in the debit notes would be included in the transaction value which is beyond the definition of the transaction value under Section 4(1)(d) of the Central Excise Act, 1944 - Held that:- It is seen from the order of the Commissioner (Appeals) that the amount of ₹ 4.30 crores was repaid and adjusted by the applicant in the subsequent clearance to M/s. Mando India Steering Systems. Prima facie, we find that the applicant is not the beneficiary of ₹ 4.30 crores - debit notes has a bearing in transaction value which would be examined at the time of appeal hearing at length. waiver of predeposit of entire dues and stay its recovery during the pendency of the appeal is granted - Stay granted.
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