TMI Blog2010 (7) TMI 429X X X X Extracts X X X X X X X X Extracts X X X X ..... at the time of payment - no merit in the appeal – Appeal rejected - E/230/2009 - A/291/2010-WZB/C-IV/(SMB) - Dated:- 7-7-2010 - Shri Ashok Jindal, Member (J) REPRESENTED BY : Shri S.A. Gundecha, Advocate, for the Appellant. Shri N.A. Sayyed, JDR, for the Respondent. [Order]. - This appeal has been filed by the appellant against the rejection of refund claim under Section 11B of the Central Excise Act, 1944. 2. The facts of the case are that the appellant had cleared Carburetors to their customer, M/s. Hero Honda Motors Ltd. (HHML) under 36 invoices on payment of Central Excise duty. M/s. HHML had subsequently on receipt of the goods reduced the price and communicated that payments would be made to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able to be paid on the price which have been received by the appellant from its buyer. He drew my attention to the definition of transaction value which is reproduced here as under :- "transaction value" means the price actually paid or payable for the goods, when sold, and includes in addition to the amount charged as price, any amount that the buyer is liable to pay to, or on behalf of, the assessee, by reason of, or in connection with the sale, whether payable at the time of the sale or at any other time, including, but not limited to, any amount charged for, or to make provision for advertising or publicity, marketing and selling organization expenses, storage, outward handling, servicing, warranty, commission or any other matter; bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... price adjustment between buyer and the seller. In that case appellant is not entitled for any refund. If the actual price was not known to the appellant, the appellant has sought provisional assessment, which he failed to do so. In that situation, appellant is not entitled for the refund. To support his contention he placed reliance on Shri Vighnahar SSK Ltd. v. Commissioner reported in 2009 (240) E.L.T. A80 (Bom.)]. 5.Heard both sides. 6. On careful examination of the submissions made by both the sides. I find that it is a case of refund claim filed by the appellant on subsequent reduction of price by the buyer at the time of payment. It is true that the buyer M/s. HHML has not availed the Cenvat credit for the excess amount of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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