2000 (6) TMI 248

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....uidated damages and (3) interest on receivables. He submitted that the contract with the Electricity Board, the buyer of the goods, is on the basis of delivery at their Thermal Power Stations. Therefore, from the payment received by the appellant, they incurred expenses towards freight, handling and other cost. Appellant submits that these expenses are eligible for deduction from the price received by them. With regard to liquidation damages it has been submitted that liquidated damages are deducted from the price due in view of the delay in making delivery. Appellant submits that these liquidated damages are also eligible for deduction while fixing assessable value as the amount received as price for the goods is worked out after disallowi....

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....uestion of unjust enrichment does not arise in the present case. He submitted detailed calculation, which is available at page 24 of the appeal paper book. He also took us to the calculation sheet of the Accounts Officer (S.B.VI), which is available at page 21. He explained that the Electricity Board does not make reimbursement of Central Excise duty on the basis of the amount actually paid as duty by the appellant but itself works out the duty after making deduction for freight etc. Thus, excess duty paid on this amount has not been passed on. He also stated that with regard to deduction claimed on interest on receivables, the question of unjust enrichment cannot arise at all as the deduction is claimed to make the price received equivalen....