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TMI Blog2018 (1) TMI 476X X X X Extracts X X X X X X X X Extracts X X X X ..... venue asked for duty on the extra value of the goods. Therefore, on the principle of equity, if any excess duty has been paid by appellant, the Revenue is required to refund to the assessee the excess duty. The reasoning given by the learned Commissioner (Appeals) are set aside as it has not been disputed by the Revenue that the excess duty has not been paid by the buyer, therefore, the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... price of the goods sold by the appellant were not known at the time of clearance and price has been determined on the basis of formula arrived between the appellant and the buyer on the basis of that formulation, the transaction value is determined and duty is paid at the time of clearance of goods. On the basis of the actual cost of the raw material and other relevant factors, the price is deter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant is before me. 3. The learned Consultant for the appellant submits that they were clearing goods to various electricity departments and having a price variation clause as actual price of the goods sold by them was not ascertainable and the said fact was known to the Revenue. When the actual price was known where the prices increased, they have paid duty alongwith interest, where pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is also a fact on record that buyer of the goods has not paid the excess amount shown in the invoices by the appellant at the time of clearance of goods and duty thereon. The observations made by the learned Commissioner (Appeals) in the impugned order is contrary to the provisions of law as he has stated that they have to ascertain the correct value at the time of clearance of goods, if that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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