https://www.taxtmi.com/caselaws?id=366189 A genuine price variation clause in a contract can make an originally final excise assessment substantively provisional where the contract price is later reduced in accordance with that clause. On that basis, excess duty paid at clearance is refundable even though formal provisional assessment under Rule 7 of the Central Excise Rules, 2002 was not opted for. The doctrine of unjust enrichment does not bar the refund when the excess duty has been passed back to the buyer through the contractual price adjustment mechanism. The contrary authorities were distinguished because they did not involve a comparable contractual arrangement or downward price revision. en-us Wed, 23 May 2018 00:00:00 +0530 Fri, 31 Aug 2018 07:13:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=366189 A genuine price variation clause in a contract can make an originally final excise assessment substantively provisional where the contract price is later reduced in accordance with that clause. On that basis, excess duty paid at clearance is refundable even though formal provisional assessment under Rule 7 of the Central Excise Rules, 2002 was not opted for. The doctrine of unjust enrichment does not bar the refund when the excess duty has been passed back to the buyer through the contractual price adjustment mechanism. The contrary authorities were distinguished because they did not involve a comparable contractual arrangement or downward price revision. Case-Laws Central Excise Wed, 23 May 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=366189