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    <title>2017 (6) TMI 529 - CESTAT ALLAHABAD</title>
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    <description>Provisional assessment under Rule 9B of the Central Excise Rules, 1994 was considered for the financial years 1998-99 to 2000-01. The applicable principle was that provisional assessment is justified only when the value needed for assessment is unavailable at the relevant time. Here, the jurisdictional officer already possessed the complete material needed to determine assessable value and duty, so there was no basis to insist on a formal request for provisional assessment before finalisation. The refusal to treat the assessments as provisional was therefore unsustainable, and the assessments were directed to be finalised within the stipulated time.</description>
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      <link>https://www.taxtmi.com/caselaws?id=344258</link>
      <description>Provisional assessment under Rule 9B of the Central Excise Rules, 1994 was considered for the financial years 1998-99 to 2000-01. The applicable principle was that provisional assessment is justified only when the value needed for assessment is unavailable at the relevant time. Here, the jurisdictional officer already possessed the complete material needed to determine assessable value and duty, so there was no basis to insist on a formal request for provisional assessment before finalisation. The refusal to treat the assessments as provisional was therefore unsustainable, and the assessments were directed to be finalised within the stipulated time.</description>
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