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2016 (10) TMI 230 - CESTAT MUMBAI

2016 (10) TMI 230 - CESTAT MUMBAI - TMI - Price escalation clause - supplementary invoice on the basis of the price escalation given by MSEB - whether demand is justified on the ground that supplementary invoice was raised but at the same time amount not received from MSEB? - Demand of duty with interest and penalty - Held that: - The transformers/finished goods have already been dispatched to MSEB. The central excise duty is liable to be paid as soon as the invoices are raised - appeal rejected .....

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ke up the appeal for disposal even in the absence of any representation from the appellant. 3. Heard the learned departmental representative and perused the records. 4. The issue involved in this case is whether the appellant is required to pay central excise duty with interest and penalty on the amounts which they have billed in supplementary invoices consequent to the price escalation granted by Maharashtra State Electricity Board. The appellant sells transformers to MSEB and as per the agreem .....

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