TELEPHONE CABLES LTD. Vs. COMMISSIONER OF C. EX.

JUDGEMENT

(1.) Aggrieved by the order passed by the Commissioner (Appeals) rejecting its claim for refund of an amount of Rs. 2,08,695/ -, the assessee has come up in appeal.

(2.) It is not disputed before us that the appellant has paid excise duty on a higher amount than what was really received by them as price of the cable from DOT. But the learned Departmental Representative submitted that when the price is reduced after the clearance of the goods the assessee is not entitled to pay duty on the reduced price. Therefore, its claim for refund was correctly denied.

(3.) A copy of the agreement between the appellant and the DOT is made available to us. Clause 5.6 of the agreement relating to price variation reads as follows :