TaxTMI 
TaxTMI 
TaxTMI 
2022 (3) TMI 691
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....he cars sold to the dealers in terms of section 4 of Central Excise Act 1944. In terms of notification number 58/2008-CE dated 10.12.2008, the Central Government reduced the rate of duty on motor cars from 24% to 20%. In view of this the appellant passed the reduced excise duty benefit to the dealers through sales bulletin dated 8.12.2008 whereby the dealers were assured of compensation ranging from 50% to 100% on the price difference on their stock lying as on 8.12.2008. The reduction in price was passed on in the form of credit note to the dealers and amount of credit notes was paid by appellant to the dealers through cheques. Therefore, in respect of the vehicles lying in stock with the various dealers dated 8.12.2008, the prices were re....
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....sold. In view of this, the expression 'when sold' does not relate to the time at which such goods were sold, but it is only indicative of an agreement of sale. Therefore, the price paid for the good is the actual price whether such price has been paid in full in part or not paid at all. He also relied on the decision of the Apex Court in the case of Steel Authority of India Ltd. v CCE, Raipur, 2019 (366) ELT 769 (S.C.) and CCE Pune v SKF India Ltd. 009 (239) LT 385 (SC) and CCE v International Auto Ltd. 2010 (250) ELT (S.C.). He also placed reliance on the decision of CCE Nagpur v Oriental Explosive (P) Ltd. 2008 (222) ELT 205 (Bom.), Prag Industries (India) Pvt. Ltd. v CCE & ST Lucknow, 2019 (369) ELT 1389 (Tri-All), Utkal Polyweave Indust....
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....2013 for supply of 4929 Shim Coil Spring by the Indian Railways @ Rs. 555/- per piece. Invoice dated 12th August, 2014 was values at Rs. 16,65,000/- and it paid Excise duty of Rs. 2,05,794/-. This was however not accepted by the Railway Authorities as in the meantime lower rate of Rs. 424.72/- for each piece has been fixed. Accordingly, the Railways asked the appellant to send its consent for acceptance of this rate so that delivery period could be extended. The appellant accepted the lower rate and the delivery period was extended from 31st July, 2014 to 31st December, 2014. The Railways made payment of Rs. 12,25,621/- including Central Excise duty amounting to Rs. 1,33,488/- by payment Advise dated 16th December, 2014. The appellant there....
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....than rate of last above mentioned PO. 3. Kindly sent your unconditional consent for acceptance of lower rate @ Rs. 424.72 each (all incl.) for 8000 Nos. of first lot which DP expired on 31-7-2014 within 7 days so that D.P. extension can be processed for consideration of competent Authority. 4. This is being issued without any prejudice of purchaser under the Conditions of Contract. Please acknowledge receipt of this letter." 6. The appellant accepted the lower rate by letter dated 1st September, 2014. Payment was made in accordance with the lower rates. It is therefore clear that 3,000 pieces were supplied at a lower price. The appellant therefore is clearly entitled to the refund of excess duty. There is no requirement of provisional....