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2016 (8) TMI 200 - AT - Central ExciseRefund - valuation - price variation clause in the rate contract - excess payment of duty due to downward revision in the price / rate – unjust enrichment - Held that:– The decision of the Hon’ble Supreme Court in the case of MRF Ltd. (1997 (3) TMI 104 - SUPREME COURT OF INDIA) is distinguishable inasmuch as in that case its stand clearly observed by the Hon’ble Supreme Court that there was no contract between the parties - If there is a subsequent reduction in price, based on price variation clause in rate contract, the assessment has to be considered as provisional. Non observance of procedure under Rule 7 of Central Excise Rules, 2004 will not render the assessment as final assessment and refund can be granted in such a situation. appeal allowed. refund granted - decided in favor of appellant.
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