https://www.taxtmi.com/caselaws?id=447215 The CESTAT Bangalore ruled in favor of the appellant regarding adjustment of excess duty against duty short-paid during provisional assessment under Rule 7 of Central Excise Rules, 2002. The Revenue contended that excess duty paid cannot be adjusted against duty short-paid without testing unjust enrichment principles under section 12B of CEA, 1944, arguing no specific provision exists for such netting off. However, the Tribunal followed the binding precedent of Karnataka HC in Sudhir Papers Ltd. case, which the Revenue had accepted. The impugned order was set aside and appeals were allowed, permitting the adjustment of excess duty against short-paid amounts during finalization of provisional assessments. en-us Tue, 19 Dec 2023 00:00:00 +0530 Wed, 20 Dec 2023 10:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=447215 The CESTAT Bangalore ruled in favor of the appellant regarding adjustment of excess duty against duty short-paid during provisional assessment under Rule 7 of Central Excise Rules, 2002. The Revenue contended that excess duty paid cannot be adjusted against duty short-paid without testing unjust enrichment principles under section 12B of CEA, 1944, arguing no specific provision exists for such netting off. However, the Tribunal followed the binding precedent of Karnataka HC in Sudhir Papers Ltd. case, which the Revenue had accepted. The impugned order was set aside and appeals were allowed, permitting the adjustment of excess duty against short-paid amounts during finalization of provisional assessments. Case-Laws Central Excise Tue, 19 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=447215