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TMI Blog2024 (1) TMI 717X X X X Extracts X X X X X X X X Extracts X X X X ..... prices as compared to the price applied at the time of clearance of goods. The appellant after obtaining the actual price based on IEEMA formula worked out the difference. In case of lower price, for the excess paid duty they claimed refund and in case of higher price they pay differential duty. As per this fact the transaction value shall be actual price which is determined subsequently on the basis of the actual data based on the IEEMA formula of the relevant period of clearance. Accordingly, the appellant is prima facie entitled for the refund of excess paid duty. On the basis of the reply dated 19.07.2010 submitted before the adjudicating authority and various other records clearly establish that the appellant have submitted all the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ese documents and arbitrarily rejected the claim. He invited out attention to the reply submitted by the appellant before the Adjudicating Authority vide their letter dated 19.07.2010 wherein they have submitted all the necessary documents which were not taken note of the same by the Adjudicating Authority. Therefore, rejection of claim on the ground that no documents were submitted is apparently incorrect. He placed reliance on the following judgments including decision in their own case. Transformers Rectifiers (India) Ltd 2015 (8) TMI 443 CESTAT AHMEDABAD CCE, Hyderabad- IV vs. Victory Electricals Ltd 2013 (298) ELT 534 (Tri. LB) PTC Industries Ltd 2016 (340) ELT 563 (Tri. Del) ECE Industries Ltd - 2009 (237) ELT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this contention for the reason that once the price determination on the basis of the relevant IEEMA formula is arrived at, the same shall be considered as transaction value and the duty if any paid on the higher price cannot be retained by the government and the same is liable to be refunded to the appellant. This issue has been considered time and again in the various judgments cited by the learned counsel. Therefore, only on the basis that the appellant have not opted for the provisional assessment, the refund cannot be rejected. 4.3 As regard the documents, we find that on the basis of the reply dated 19.07.2010 submitted before the adjudicating authority and various other records clearly establish that the appellant have submitted al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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