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2015 (1) TMI 847 - BOMBAY HIGH COURTDenial of refund claim - valuation - reduction of amount of discount from the value - Held that:- Commissioner of Central Excise (Appeals) has recorded a finding that the availability of the discount under the credit note was already known to the buyers before the sale and that the sale price actually realised by the assessee was less than the sale price realizable as per the invoices. The Commissioner of Central Excise (Appeals) has further held that it was not a case of recovery of additional duty amount from the buyers. - However, Tribunal held that that there was no evidence to show that the assessee had actually issued credit notes in respect of the duty burden initially passed on to its customers at the time of clearance of the goods. This finding of the Tribunal is contrary to the finding of fact recorded by the Commissioner of Central Excise (Appeals). In fact in the appeal memo filed by the revenue before the CESTAT, no such plea was raised by the revenue. In these circumstances, counsel for the parties state that the impugned decision of the Tribunal [2010 (11) TMI 300 - CESTAT, MUMBAI] be quashed and set aside and the matter be restored to the file of the CESTAT for de novo consideration in accordance with law. Accordingly, the impugned order dated 4-11-2010 is quashed and set aside and the matter is restored to the file of the CESTAT for de novo consideration in accordance with law - Decided in favour of assessee.
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