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TMI Blog2010 (3) TMI 538X X X X Extracts X X X X X X X X Extracts X X X X ..... been settled through Arbitration. Held that- refund claim not rejected on ground that assessee should have entered into prolonged litigation arbitration. Duty liable to be paid at transaction value on basis of price variation clause. Assessee's appeal allowed. - E/863/2009 - A/322/2010-WZB/AHD - Dated:- 30-3-2010 - Shri B.S.V. Murthy, Member (T) Shri P.M. Dave, Advocate, for the Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard both sides. Learned advocate submits that the refund claim has been rejected on the ground that appellant should have resisted reduction made by the purchaser in the price claimed by them and in fact lower authorities have gone to the extent of saying that this dispute should have been settled through Arbitration. Commissioner (Appeals) has reiterated the same observation. Ld. Advocate relied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rbitration. I also find that decision cited by the learned advocate is squarely applicable to the facts of this case. Duty is liable to be paid at the transaction value in respect of each removal. Where there is no price variation, transaction value gets determined on the basis of price variation as cited by the learned advocate. Price variation clause can be positive or negative in nature resulti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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