2017 (6) TMI 212

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.... that the appellants filed refund claim of Rs. 22,09,139/- under section 173S of the Central Excise Rules 1944 on the ground that after having supplied the berths to various organs of the Railways as well as various state transport authorities, their invoice values were reduced by them after deducting the amount on account of liquidated damages. Thus, the receipts against their supplier were subse....

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....d in favour of the appellants, the refund claim needs to be examined for unjust enrichment.  He also relied on the judgement of this Tribunal in the case of Traco Cable Co.Ltd. vs. CCE, Cochin-2004 (172) ELT 33 (Tri.Bang) and the judgement of Hon ble Punjab & Haryana High Court in the case of Mauria Udyog Limited vs. CCE-2007 (207) ELT 31 (P&H) and CCE, Delhi-IV vs. CESTAT-2007 (207) ELT 33 (....

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.... provisions of the amended Section 4 read with definition of transaction value in Section 4(3)(d), other decisions adverted to above were either on the basis of provisions of Section 4 prior to its amendment by Finance Act, 2000 or without analysis of provisions of the amended Section 4 and the distinct concepts of penalty and liquidated damages , pointed out in United Telecom Ltd. 18. The decis....

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....hereof, of the Act, the eventual value payable after factoring in any liquidated damages contractually stipulated for delayed supply would be the transaction value and this value would be the value relevant for levy of duty. 20. On the aforesaid analysis, we answer the reference by holding that wherever the assessee, as per the terms of the contract and on account of delay in delivery of manufac....