TaxTMI 
TaxTMI 
2018 (2) TMI 1229
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....hrough the supplementary invoices. The original authority, however, rejected the refund claim inter alia, for the reasons that refund cannot be sanctioned if customer has not honoured to pay the price charged by claimant and that provisions of section 11B of the Central Excise Act, 1944 do not contemplate refund of duty not realised from the customer. An appeal filed to the Commissioner (Appeals) was rejected vide impugned order dated 11.06.2010. Hence, this appeal. 2. On 01.11.2017, when the matter came up for hearing, the learned counsel for the appellants submitted that they had merely proposed a price revision, however, the same was not approved by the customer, hence, the same does not attain the character of part of the price, which ....
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....entral Excise Act, 1944, as under:- "transaction value" means the price actually paid or payable for the goods, when sold, and includes in addition to the amount charged as price, any amount that the buyer is liable to pay to, or on behalf of, the assessee, by reason of, or in connection with the sale, whether payable at the time of the sale or at any other time, including, but not limited to, any amount charged for or to make provision for, advertising or publicity, marketing and selling organisation expenses, storage, outward handling, servicing, warranty, commission or any other matter; but does not include the amount of duty of excise, sales tax and other taxes/ if any, actually paid or actually payable on such goods," 5.3 The importa....
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....cise. - (1) Where under this Act, the duty of excise is chargeable on any excisable goods with reference to their value, then, on each removal of the goods, such value shall - (a) in a case where the goods are sold by the assessee, for delivery at the time and place of the removal, the assessee and the buyer of the goods are not related and the price is sole consideration for the sale, be the transaction value; 9. In terms of the above provisions it is seen that the assessable value is required to be adopted as the price of the goods sold by the assessee, for delivery "at the time and place of the removal". Admittedly the respondents have adopted the said price at which the goods were sold by the assessee "at the time and place of remova....