https://www.taxtmi.com/caselaws?id=117450 Clearances made on provisional prices, with the department informed of retrospective price revision and differential duty paid on upward revisions, are to be treated as provisional assessments. In that situation, the assessment does not become final merely because no bond was executed under Rule 9B of the Central Excise Rules. The limitation bar applicable to final assessments therefore does not defeat a refund claim arising from downward price revision, and the refund is not time barred. The assessee remains entitled to refund with consequential relief where the price variation arrangement was disclosed and accepted in practice by the department. en-us Wed, 15 Feb 2006 00:00:00 +0530 Thu, 21 Mar 2024 13:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=117450 Clearances made on provisional prices, with the department informed of retrospective price revision and differential duty paid on upward revisions, are to be treated as provisional assessments. In that situation, the assessment does not become final merely because no bond was executed under Rule 9B of the Central Excise Rules. The limitation bar applicable to final assessments therefore does not defeat a refund claim arising from downward price revision, and the refund is not time barred. The assessee remains entitled to refund with consequential relief where the price variation arrangement was disclosed and accepted in practice by the department. Case-Laws Central Excise Wed, 15 Feb 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=117450