https://www.taxtmi.com/caselaws?id=51678 The dominant issue was whether a refund claim could be denied on the ground that the price reduction was a post-sale reduction and that provisional assessment had not been sought. The tribunal held that where a price variation clause in the agreement specifically provided for reduction for goods supplied during an extended period, the assessable value at the time of clearance must be treated as the contractually reduced price, not a subsequent post-sale reduction; consequently, the refund was admissible. It further held that failure to seek provisional assessment does not extinguish the statutory right to claim refund under s. 11B of the Central Excise Act; accordingly, the impugned order was set aside and the appeal was allowed. en-us Thu, 14 Nov 2002 00:00:00 +0530 Thu, 25 Dec 2025 16:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=51678 The dominant issue was whether a refund claim could be denied on the ground that the price reduction was a post-sale reduction and that provisional assessment had not been sought. The tribunal held that where a price variation clause in the agreement specifically provided for reduction for goods supplied during an extended period, the assessable value at the time of clearance must be treated as the contractually reduced price, not a subsequent post-sale reduction; consequently, the refund was admissible. It further held that failure to seek provisional assessment does not extinguish the statutory right to claim refund under s. 11B of the Central Excise Act; accordingly, the impugned order was set aside and the appeal was allowed. Case-Laws Central Excise Thu, 14 Nov 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=51678