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    <title>2012 (8) TMI 140 - CESTAT, MUMBAI</title>
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    <description>Refund of excise duty on post-clearance price reduction is not maintainable unless the clearances were made under provisional assessment in accordance with the prescribed procedure. Where the goods were finally assessed and no provisional assessment order or factual basis existed, later reduction of the contract price could not justify adjustment of duty already paid. The Tribunal applied this settled principle and held that the refund claim was unsustainable. The lower authority&#039;s allowance of refund was therefore set aside, with the issue decided against the assessee and in favour of Revenue.</description>
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    <pubDate>Mon, 30 Jan 2012 00:00:00 +0530</pubDate>
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      <title>2012 (8) TMI 140 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=215455</link>
      <description>Refund of excise duty on post-clearance price reduction is not maintainable unless the clearances were made under provisional assessment in accordance with the prescribed procedure. Where the goods were finally assessed and no provisional assessment order or factual basis existed, later reduction of the contract price could not justify adjustment of duty already paid. The Tribunal applied this settled principle and held that the refund claim was unsustainable. The lower authority&#039;s allowance of refund was therefore set aside, with the issue decided against the assessee and in favour of Revenue.</description>
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      <pubDate>Mon, 30 Jan 2012 00:00:00 +0530</pubDate>
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