2002 (11) TMI 188

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....r : Justice K.K. Usha, President]. - Aggrieved by the order passed by the Commissioner (Appeals) rejecting its claim for refund of an amount of Rs. 2,08,695/-, the assessee has come up in appeal. 2. It is not disputed before us that the appellant has paid excise duty on a higher amount than what was really received by them as price of the cable from DOT. But the learned Departmental Representat....

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....f the copper price falls during such an extended period of delivery, benefits on account of reduction in copper wire rod prices beyond the original scheduled delivery date shall be passed on to the purchaser." 4. The above terms would clearly show that the price agreed between the parties is subject to fluctuation. Clearance was not against firm price. The stand taken by the Revenue that it is ....