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TMI Blog2017 (5) TMI 506X X X X Extracts X X X X X X X X Extracts X X X X ..... as per provisional prices in terms of the relevant purchase order and complying with the price variation clause - They have also furnished a Chartered Accountant certificate to substantiate that the incidence of duty has not been passed on - refund allowed - appeal dismissed - decided against Revenue. - E/30038/2016-SM - Final Order No. A/ 30446/2017 - Dated:- 21-3-2017 - Ms. Sulekha Beevi, C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was clearly stated that the prices are variable as per IEEMA Price variation formula given in the purchase order with base date as 01.10.2006 with ceiling limit of 30% on positive side and there is no limit on negative side . The respondent received payments initially on the contracted price and paid excise duty upon such price. Thereafter the prices were reduced and since there was a clause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und was sanctioned. The Department is now before the Tribunal against the said order. 3. On behalf of the Department, the learned AR Shri P.S. Reddy reiterated the grounds of appeal. The respondents have billed to their customers as per the rates mentioned in the purchase order and paid the Central Excise duty accordingly. The customer, M/s. APCPDCL, has lowered the price invoking the price ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tomer APCPDCL has adjusted the entire amount along with duty from the pending payment, invoking the price variation clause as well as the clause for recovery in case of the downward revision of price. The respondents have furnished evidence to show that APCPDCL has made payments as per provisional prices in terms of the relevant purchase order and complying with the price variation clause. The r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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