Refund of the excess duty paid - whether subsequent negotiation ...

Tribunal Rules Initial Duty Assessment Stands Despite Later Price Negotiations on Goods Cleared to Depots.

April 1, 2024

Case Laws Central Excise AT

Refund of the excess duty paid - whether subsequent negotiation of the prices can be the basis for reopening the assessment? - The Tribunal observed that the appellant cleared goods on stock transfer basis to their depots, adopting the price prevailing at or nearest to the time of sale from the depots. This was done in accordance with Rule 7 of the Central Excise Valuation Rules. Subsequent negotiation of prices did not affect the assessable value already determined and on which duty liability was discharged. The Tribunal cited precedent to support this conclusion.

View Source

← Previous Next →

Refund of the excess duty paid - whether subsequent negotiation ...

Tribunal Rules Initial Duty Assessment Stands Despite Later Price Negotiations on Goods Cleared to Depots.

April 1, 2024

Case Laws Central Excise AT

You may also like:

Maintainability of Refund claim - Order of assessment was not challenged - the Tribunal upheld the department's action, stating that customs duty is to be charged based...

CESTAT determined that while rejection of declared transaction value of imported thoroughbred horses under Rule 10A of Customs Valuation Rules, 1988 was justified due to...

The case involves a 100% Export Oriented Unit (EOU) seeking a refund of excess duty paid along with interest. The EOU had deposited an additional amount of duty as per...

The assessee's claim for deduction u/s 80IC for the finished products manufactured at Unit No. III at Paonta Sahib, Himachal Pradesh, was initially allowed but later...

This case involves a challenge to an order of re-assessment under the relevant tax laws. The key points are: The petitioner failed to submit monthly returns within the...

Refund claim of excess duty denied due to unjust enrichment - goods sold based on LME price index. Revenue contended appellant booked excess duty as revenue expenditure...

The High Court quashed the penalty imposed u/s 270A, holding that the foundation for penalty proceedings was extinguished due to the subsequent rectification order. The...

Rebate of duty on exports - Compound duty on Pan Masala Packing - Rule 14 - the stand of the department that no rebate can be allowed under Rule 14 of the Central Excise...

Final assessment of bills of entry - Reduction in price after negotiation - import of Steam (Non-coking) Coal in bulk - Section 14 of the Customs Act, 1962 also talks of...

Anti-Profiteering - Duties of the Authority - Rule 127 of the CGST Rules, 2017 as amended.

Validity of assessment passed u/s 153A pursuant to search and seizure - The High Court has observed and held that, the assessee’s assessment for the relevant year stood...

CESTAT ruled that in provisional assessment cases, adjustments of excess duty payments against shortfalls must be handled comprehensively. The tribunal determined that...

Valuation - benefit of cum-duty - The abatement of duties and tax to qualify the ‘normal price’ in the Central Excise Act, 1944, as well as in the rules framed for...

The key legal issues and holdings in this case are: 1. Valuation of clinkers transferred by the appellant to their sister concern should be done u/r 4 read with Rule 11...

The Appellate Tribunal considered the validity of assessment proceedings u/s 144C, focusing on the period of limitation. The assessee argued that u/s 153(4), an extended...

Quick Updates: