Refund of excess Excise duty permissible on reduction in contract price after clearance of goods from factory

Last updated: 26 May 2015

Court :
High Court

Brief :
The Hon’ble Apex Court held that it is clear that by letter dated April 15, 2002, the original purchase order dated October 31, 2001 was novated insofar as price was concerned, which is before the date of removal of goods from the factory premises in May, 2002. Since duty has been paid on the basis of the original price in the purchase order, the difference between the said rate and the reduced rate has to be refunded.

Citation :
HPL Socomac Ltd. Vs. Commissioner of Central Excise, Gurgaon [2015-TIOL-117-SC-CX]

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Bimal Jain
Published in Excise
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