29 July 2010
. ECE Industries Ltd Vs. CCE 2009 The Agreement which contained price variation clause, the assessee upon upward revision of prices, paying higher duty and on lowering of price, the assessee is seeking refund as per Agreement and assessment shall be treated as provisional. Refunds arising out of down revision of prices after clearance of price, principle of unjust enrichment shall not apply. my qs is that the above agreement has benn entered b/w manufacturer& buyer.
Q2 mer has collected duty from both ends i.e. from customer as well as he is opting for refund. why DOUE not apply?