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2018 (9) TMI 639 - CESTAT AHMEDABADValuation - admissibility of deduction of liquidated damages from the assessable value - Held that:- The issue is settled in the case of COMMISSIONER OF CUSTOMS & CENTRAL EXCISE VERSUS VICTORY ELECTRICALS LTD [2013 (12) TMI 81 - CESTAT CHENNAI], where it was held that liquidated damages are admissible deductions from the assessable value in terms of Section 4 of Central Excise Act, 1944 - appeal allowed. Refund of excise duty paid - denial on the ground of failure of appellant to produce the credit notes by which the said liquidated damages were transferred to the buyer - Held that:- If the credit notes are indeed on account of liquidated damages, the deduction of the same shall be allowed - matter remanded to the original adjudicating authority to examine the above issue as well as the issue of unjust-enrichment and limitation. Appeal allowed in part and part matter on remand.
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