https://www.taxtmi.com/caselaws?id=233354 Excise duty is fixed at the time of removal on the price then prevailing, and a later contractual downward revision of price does not by itself create a right to refund. The Tribunal applied the principle in MRF and held that post-clearance price variation under a contractual clause is not a valid basis for refund. It further held that self-assessment cannot be treated as provisional unless the statutory provisional assessment mechanism is invoked with prior permission of the proper officer. As a result, the limitation plea based on provisional assessment did not assist the assessee, and the refund claim remained inadmissible. en-us Wed, 13 Jun 2012 00:00:00 +0530 Mon, 29 Apr 2013 10:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=233354 Excise duty is fixed at the time of removal on the price then prevailing, and a later contractual downward revision of price does not by itself create a right to refund. The Tribunal applied the principle in MRF and held that post-clearance price variation under a contractual clause is not a valid basis for refund. It further held that self-assessment cannot be treated as provisional unless the statutory provisional assessment mechanism is invoked with prior permission of the proper officer. As a result, the limitation plea based on provisional assessment did not assist the assessee, and the refund claim remained inadmissible. Case-Laws Central Excise Wed, 13 Jun 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=233354