Provisional assessment and bond requirement: payment under protest was not required where only security bonds were mandated.

In provisional assessment of price lists, the assessee was not required to make payment under protest merely because certain abatements were disallowed. The provisional assessment did not amount to a finding that the price lists were unacceptable to the proper officer. The operative requirement was limited to furnishing proper bonds with security, if not already provided, under the provisional assessment procedure. The apprehension that protest payment was mandatory was therefore misplaced, and the compliance obligation remained confined to the bond requirement under Rule 9-B of the Central Excise Rules.

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Issues: Whether, in the context of provisional assessment of price lists disallowing certain abatements, the assessee was required to make payment under protest or only to furnish bonds with security.

Analysis: The order clarifies that the provisional assessment did not amount to a finding that the price lists furnished by the assessee were unacceptable to the proper officer. It further states that the apprehension regarding payment under protest was misplaced and that the only requirement was the furnishing of proper bonds, if not already furnished, in terms of the provisional assessment procedure.

Conclusion: The assessee was not required to make payment under protest, and the obligation was confined to furnishing bonds as required under Rule 9-B of the Central Excise Rules.

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