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    <title>2006 (9) TMI 458 - CESTAT, BANGALORE</title>
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    <description>A price variation clause in a supply contract can make duty assessment effectively provisional for refund purposes where the final price is settled later. On that footing, a refund arising from downward revision of price is not defeated by the ordinary one-year limitation under Section 11B. The Tribunal also accepted that, because only the correct duty was ultimately recoverable from buyers after the price reduction, the excess duty paid was not passed on and unjust enrichment did not apply. Refund was therefore admissible.</description>
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      <description>A price variation clause in a supply contract can make duty assessment effectively provisional for refund purposes where the final price is settled later. On that footing, a refund arising from downward revision of price is not defeated by the ordinary one-year limitation under Section 11B. The Tribunal also accepted that, because only the correct duty was ultimately recoverable from buyers after the price reduction, the excess duty paid was not passed on and unjust enrichment did not apply. Refund was therefore admissible.</description>
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