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2008 (5) TMI 217 - AT - Central ExciseOnce there is a price variation clause, the assessments should be deemed to be provisional. This point has to be examined in the light of the agreement between appellant and the buyers - issue is remanded to the Original authority to decide the claim of refund in view of agreement produced – in respect of second claim for refund, since price of goods received only at the later date after reducing the original rate, question of applicability of unjust enrichment doesn’t arise
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