TaxTMI 
TaxTMI 
refund of duty paid in excess
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....efund of duty paid in excess<br> Query (Issue) Started By: - sv bhasker Dated:- 19-7-2012 Last Reply Date:- 18-8-2012 Central Excise<br>Got 4 Replies<br>Central Excise<br>Dear experts A company clears goods say at Rs. 100 per unit and pays duty of Rs. 12.36 at 12.36% as per existing Purchase order (PO). However, after a month after the goods are cleared by adopting transaction value of Rs. 100, t....
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....he PO is revised with back date revising the price per unit as Rs. 90. Payment is received as per the revised rate of Rs. 90. Can the company get refund of the excess duty paid initially on Rs. 100 which is Rs. 10 more than the revised price of Rs. 90 per unit. In other words can the company get refund of duty which is the difference between Rs. 12.36 (being 12.36% on 100)and Rs.11.12(being 12.36%....
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....on 90) in the above example . Pl offer views. Reply By Sanjay Sharma: The Reply: My dear, the basic theme of the refund as provided under section 11B of the Act is to help a genuine assessee in getting the excess duty paid or to exercise as right given to him under law. As rightly held in numerous judicial pronouncement refund is applicable only when duty of incidence has not been passed. In fac....
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....t it is statutory requirement of the Act that if the duty of excise collected from the buyer the same must be deposited with Government forthwith, so no one is entitled to earn the duty form both ends i.e. recovery of duty from the buyer and simultaneously claiming the refund from the government. Pls. examine your case accordingly. Regards Sanjay Sharma Reply By sv bhasker: The Reply: Thank you ....
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....Sanjayji. The fact of the matter is that the customer is reimbursing the bill amount including the duty ( on 12.36% on RS. 90)at reduced assessable value of Rs. 90 per unit . In the above circumstances, can it be said that incidence of duty has not been passed on, though bill was raised initailly at Rs.100 per unit and applicable duty(12.36%on Rs.100).. Reply By Sanjay Sharma: The Reply: Dear M....
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....r. Bhasker, Your contention is very right. Regards, Sanjay Sharma Reply By sv bhasker: The Reply: May I request Mr Pradeep to respond?<br> Discussion Forum - Knowledge Sharing ....