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Victor Cane Industries vs Commissioner Of Taxes And Ors. on 1 September, 2001

21. Looking from a perspective altogether different from the case of valuation of excisable goods, the entire proceedings in the instant case mainly relate to the recovery of amount already refunded claiming the same to be a case of "erroneous refund" under Section 11A of the Act. The whole basis of 14 ST/486/2011 the Revenue that freight amount is not includible in the assessable value, as has subsequently been held by the Supreme Court in Ispat Industries (supra), to state that the buyer‟s place can never be said to be place of removal. In our view, the refund already sanctioned by relying on the judicial legal precedents holding the field then as well as the clarifications issued by the Board, the same cannot be termed as "erroneous refund".
Gauhati High Court Cites 12 - Cited by 4 - D Biswas - Full Document
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