https://www.taxtmi.com/caselaws?id=344095 After the amendment of Section 4 and the statutory definition of transaction value in Section 4(3)(d), a contractual deduction for liquidated damages was treated as a permissible reduction in the price actually payable, so the valuation dispute was decided in favour of the assessee. The refund claim, however, could not be granted automatically because the claimant still had to establish that the duty incidence had not been passed on. On that basis, the merits issue was allowed, but the refund aspect was remanded for fresh examination of unjust enrichment on the evidence. en-us Fri, 28 Apr 2017 00:00:00 +0530 Thu, 08 Jun 2017 06:01:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=344095 After the amendment of Section 4 and the statutory definition of transaction value in Section 4(3)(d), a contractual deduction for liquidated damages was treated as a permissible reduction in the price actually payable, so the valuation dispute was decided in favour of the assessee. The refund claim, however, could not be granted automatically because the claimant still had to establish that the duty incidence had not been passed on. On that basis, the merits issue was allowed, but the refund aspect was remanded for fresh examination of unjust enrichment on the evidence. Case-Laws Central Excise Fri, 28 Apr 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=344095