https://www.taxtmi.com/caselaws?id=50270 Where excise duty was paid on provisional assessment and the contract price was later escalated, refund arising on finalisation of assessment was governed by the special scheme under Rule 9B of the Central Excise Rules, 1944 rather than the ordinary limitation approach under Section 11B. The relevant date was not the original duty-payment date, so the refund claim could not be rejected as time-barred on that basis. A price-escalation clause also made the initial price provisional until the contractual factors were finally settled; once the revised price was agreed and the price-list approved, the escalation related back to the original clearances for duty adjustment. The limitation objection was rejected and the refund claim was left for merits consideration. en-us Tue, 25 Jul 2000 00:00:00 +0530 Fri, 20 Aug 2010 17:04:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=50270 Where excise duty was paid on provisional assessment and the contract price was later escalated, refund arising on finalisation of assessment was governed by the special scheme under Rule 9B of the Central Excise Rules, 1944 rather than the ordinary limitation approach under Section 11B. The relevant date was not the original duty-payment date, so the refund claim could not be rejected as time-barred on that basis. A price-escalation clause also made the initial price provisional until the contractual factors were finally settled; once the revised price was agreed and the price-list approved, the escalation related back to the original clearances for duty adjustment. The limitation objection was rejected and the refund claim was left for merits consideration. Case-Laws Central Excise Tue, 25 Jul 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=50270