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2024 (1) TMI 717 - AT - Central ExciseRefund claim - excess duty paid due to price variation clause in the contract for supply of goods - HELD THAT:- At the time of the clearance of the goods, price of the goods is fixed on the basis of earlier data given in the IEEMA formula but the price is finally decided on the basis of the current IEEMA formula which is only known at the later stage. Therefore, there is always possibility of variation in prices as compared to the price applied at the time of clearance of goods. The appellant after obtaining the actual price based on IEEMA formula worked out the difference. In case of lower price, for the excess paid duty they claimed refund and in case of higher price they pay differential duty. As per this fact the transaction value shall be actual price which is determined subsequently on the basis of the actual data based on the IEEMA formula of the relevant period of clearance. Accordingly, the appellant is prima facie entitled for the refund of excess paid duty. On the basis of the reply dated 19.07.2010 submitted before the adjudicating authority and various other records clearly establish that the appellant have submitted all the documents for the processing of the refund, Commissioner (Appeals) has ignored and not considered - the matter needs to be reconsidered only for purpose of verification of documents for processing the appellant’s refund claim. The appeals are allowed by way of remand to the Adjudicating Authority for passing a fresh order preferably within a period of two months from the date of this order.
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