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2016 (1) TMI 102 - CESTAT BANGALORE

2016 (1) TMI 102 - CESTAT BANGALORE - TMI - Denial of refund claim - Valuation - Reduction in value due to liquidated damage (LD) - delay in supply of the goods to their customers/purchasers as per the clause in the agreement with the buyers, the liquidated damage (LD) charges were deducted as compensation from the invoice price of the goods - Held that:- Decisions quoted above and especially the ratio of the Tribunalís Larger Bench decision in the case of Victory Electricals Ltd. (2013 (12) TMI .....

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er And Shri Ashok K Arya, Technical Member For the Petitioner : Mr. B.N.Gururaj, Advocate For the Respondent : Mr. Mohd. Yusuf, A.R. ORDER PER ASHOK K. ARYA In all these three appeals, matter concerns with the rejection of refund claim for the duty which is stated to have been paid in excess on account of deduction of liquidated damages (L.D.) from the invoice price. The appellants state that when there has been delay in supply of the goods to their customers/purchasers as per the clause in the .....

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98) E.L.T. 534 (Tri.-L.B.)] (ii) United Telecoms Ltd. Vs. CCE [2006 (2004) E.L.T. 626 (Tri.-Bang.)] (iii) Commissioner of C. Excise, Chandigarh Vs. H.F.C.L. [2008 (231) E.L.T. 307 (Tri.-Del.)] 2. From the facts on record and from the above case laws, it is clear that duty of Central Excise has to be charged on the transaction value only and the transaction value has been defined in Section 4(3)(d) of the Central Excise Act, 1944. The said definition of transaction value of Section 4(3)(d) as quo .....

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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; but does not include the amount of duty of excise, sales tax and other taxes, if any, actually paid or actually payable on such goods. 3. In the light of the above definition, the Larger Bench of the Tribunal analysed the concept of transaction valu .....

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