https://www.taxtmi.com/caselaws?id=347107 Refund of excess central excise duty was held inadmissible where duty had been paid on the clearance price and the price was later reduced under a variation clause. The Tribunal applied the principle that duty liability is fixed at the time of clearance; a subsequent price reduction does not, by itself, create a refund right unless assessment was provisional or a legally enforceable refund arrangement existed. It also held that contrary Tribunal rulings could not override the jurisdictional High Court's view. The refund rejection was therefore sustained. en-us Wed, 09 Aug 2017 00:00:00 +0530 Mon, 28 Aug 2017 10:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=347107 Refund of excess central excise duty was held inadmissible where duty had been paid on the clearance price and the price was later reduced under a variation clause. The Tribunal applied the principle that duty liability is fixed at the time of clearance; a subsequent price reduction does not, by itself, create a refund right unless assessment was provisional or a legally enforceable refund arrangement existed. It also held that contrary Tribunal rulings could not override the jurisdictional High Court's view. The refund rejection was therefore sustained. Case-Laws Central Excise Wed, 09 Aug 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=347107