https://www.taxtmi.com/caselaws?id=330816 A genuine price variation clause in a rate contract can make the original duty payment effectively provisional where the agreed price is later reduced by reference to the contract formula. On those facts, refund of excess excise duty is not barred merely because formal provisional assessment under Rule 7 was not made. Where the excess duty burden is returned to the buyer through credit or adjustment in later bills, the doctrine of unjust enrichment does not defeat the refund claim. The Tribunal therefore held the refund claims maintainable and granted consequential relief to the assessee. en-us Wed, 27 Jul 2016 00:00:00 +0530 Wed, 04 Jan 2017 13:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=330816 A genuine price variation clause in a rate contract can make the original duty payment effectively provisional where the agreed price is later reduced by reference to the contract formula. On those facts, refund of excess excise duty is not barred merely because formal provisional assessment under Rule 7 was not made. Where the excess duty burden is returned to the buyer through credit or adjustment in later bills, the doctrine of unjust enrichment does not defeat the refund claim. The Tribunal therefore held the refund claims maintainable and granted consequential relief to the assessee. Case-Laws Central Excise Wed, 27 Jul 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=330816