Final valuation finding for assessee requires provisional assessments to be finalised and refund granted.

Where the valuation issue had already been finally decided in favour of the assessee by the High Court, provisional assessments of the vehicles could not remain unfinalised on the ground that valuation was still unresolved. The assessments had to be aligned with that determination, and the consequential refund was required to be granted. The principle stated is that once the foundational valuation question is conclusively settled for the assessee, provisional assessments must be finalised on that basis and refund cannot be withheld.

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Issues: Whether, after the valuation issue had been finally decided in favour of the assessee, the provisional assessments of the vehicles were required to be finalised and the consequential refund granted.

Analysis: The valuation dispute had already been conclusively resolved by the High Court in favour of the assessees. Once that issue stood finally settled, there was no basis to keep the refund pending on the ground that valuation was unresolved. The provisional assessments therefore had to be aligned with the High Court's determination, and the refund flowed as a consequential result.

Conclusion: The issue is decided in favour of the assessee. The provisional assessments are to be finalised in accordance with the High Court's order and the consequential refund granted.

Final Conclusion: The appeal succeeds to the extent that the refund claim cannot be withheld once the valuation question has been finally answered in the assessee's favour.

Ratio Decidendi: Where the foundational valuation issue is finally settled in favour of the assessee, provisional assessments must be finalised on that basis and the consequential refund allowed.

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