Refund Claim Denied Due to Incorrect Valuation: Liquidated Damages Must Be Included for Accurate Central Excise Duty Assessment.

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....Denial of refund claim - Valuation - the liquidated damages (LD) had to be factored in to arrive at the correct transaction value which has to be treated as assessable value for payment of Central Excise duty; whatever the duty paid in excess on account of non-factoring of liquidated damages would be liable to be refunded to the appellants - AT....