2014 (10) TMI 378

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..... erein the refund claim has been rejected by the Commissioner (Appeals). 2. The brief facts of the case are that the appellant supplied transformer to M/s. U.P. Power Corporation Ltd. As per the agreement the appellant were required to supply the particular quantity during a particular period at a particular price. But there was a clause in the agreement that if the appellant failed to supply the .....

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..... both sides. 4. Considering the fact that the clause of deduction of price was known prior to clearance of the goods. As appellant could not fulfill the terms of the agreement, therefore the buyer was entitled to deduct the amount from the invoice price. In these circumstances, whatever amount they have received less from the buyer, they are entitled to take refund of the duty component involved i .....

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