TMI Blog2018 (2) TMI 1105X X X X Extracts X X X X X X X X Extracts X X X X ..... ansaction value on a subsequent date cannot result in re-determination of assessable value - refund cannot be allowed - appeal dismissed - decided against appellant. - E/87492/16 - A/87492/2016 - Dated:- 28-12-2017 - Mr. Raju, Member (Technical) Shri. T.C. Nair, Advocate - for appellant Shri. V.K. Agarwal, Addl. Comm. (AR) - for respondent ORDER Per: Raju 1. This app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redit notes of the differential amount of trade discount and therefore, they cannot be said to have recovered the said amount from the buyers. 3. Ld. AR for the Revenue argued that the order-in-original clearly observes that the credit notes are not issued for each supply but are issued zone wise. He particularly relied on the discrepancy pointed out by the Revenue and some of which were admitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e trade discount they should have applied for the provisional assessment. He relied on the following two decisions to assert that without re-assessment, the refund cannot be considered: a) Priya Blue Industries - 2004-TIOL-78-SC-CUS b) Flock (India) Pvt. Ltd. - 2002-TIOL-208-SC-CX 4. I have gone through the rival submissions. I find that the case law which the appellant relied u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edit notes after arriving at the assessable value and payment of duty is not sufficient to discharge the burden of unjust enrichment. 5. Moreover, it is seen that the trade discount was not known to prior to the clearance and thus at the time of clearance, the assessable value can only be ascertained on the basis of trade discount which was known to the buyer. Variation on the transaction value ..... X X X X Extracts X X X X X X X X Extracts X X X X
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