https://www.taxtmi.com/caselaws?id=415906 Payment made by an assessee on the basis of an audit objection was not treated as a final settlement under the Central Excise Act where the record showed that the audit itself contemplated a show cause notice and there was no material that the assessee had elected closure under Section 11A(2). On those facts, the amount could not be regarded as a final payment or as an assessment that had to be separately challenged before seeking refund. The rejection of refund on the ground that the assessee should have appealed against the assessment was therefore unsustainable, and the refund claim was held maintainable. en-us Wed, 15 Dec 2021 00:00:00 +0530 Fri, 17 Dec 2021 11:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=415906 Payment made by an assessee on the basis of an audit objection was not treated as a final settlement under the Central Excise Act where the record showed that the audit itself contemplated a show cause notice and there was no material that the assessee had elected closure under Section 11A(2). On those facts, the amount could not be regarded as a final payment or as an assessment that had to be separately challenged before seeking refund. The rejection of refund on the ground that the assessee should have appealed against the assessment was therefore unsustainable, and the refund claim was held maintainable. Case-Laws Central Excise Wed, 15 Dec 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=415906