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2016 (6) TMI 873 - AT - Central ExciseRefund - valuation - duty paid in excess on account of Liquidated Damages which was deducted from the invoice price - Held that - The liquidated damages have to be deducted from the assessable value given in the invoice in respect of payment of central excise duty. When the duty has been paid in excess on account of not allowing the reduction for the liquidated damages, the same is liable to be refunded to the assessee. - Decided in favor of assesssee.
Issues:
Refund claim rejection for duty paid in excess due to Liquidated Damages deduction from invoice price. Analysis: 1. The appellant filed a refund application under Section 11B of the Central Excise Act 1944, seeking a refund of excise duty due to the deduction of Liquidated Damages (LD charges) from the invoice price by the buyer. The lower revenue authorities rejected the refund, stating that LD charges cannot be deducted from the assessable value. 2. The appellant relied on precedents where similar issues were decided in favor of the assessee, citing cases like United Telecoms Ltd. and Victory Electricals Ltd. The appellant argued that the duty of central excise should be charged only on the transaction value, as defined in Section 4(3)(d) of the Act. 3. The Revenue, represented by the learned AR, reiterated the findings of the impugned order passed by the Commissioner (Appeals). 4. The Tribunal considered the facts on record and the decisions cited by both parties. 5. The Tribunal referred to the definition of 'transaction value' in Section 4(3)(d) of the Central Excise Act and the decisions of CESTAT's Larger Bench. It was held that the duty should be charged on the eventual value payable after factoring in any liquidated damages stipulated for delayed supply, making it the relevant value for levy of duty. 6. Based on the precedents and the interpretation of the transaction value concept, the Tribunal concluded that liquidated damages must be deducted from the assessable value for central excise duty payment. Therefore, the excess duty paid due to the non-deduction of liquidated damages is liable to be refunded to the appellant. The appeal was allowed, providing consequential relief to the appellant. (Order pronounced in open court on 13.06.2016)
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