2011 (6) TMI 537

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....e orders provided had price variation formula with base date as on 1-5-2008 with 30% ceiling on positive side and no ceiling on the negative side. Accordingly, the supplies were made and invoices were raised after payment of Central Excise duty amounting to Rs. 5,77,654/-. However, the purchaser issued a letter dated 12-5-2009 starting that because of reduction in the price in Aluminium, the price revision has to be negative and accordingly because of downward revision of prices. Central Excise duty payable was only Rs. 3,06,083/- and accordingly, the purchasers paid only the revised lower prices. The total negative revision of Central Excise duty in respect of two purchase orders because of revision in price came to Rs. 1,53,501/-. Appella....

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....ubmit that even when there was no provisional assessment if there is a downward revision of prices, refund is allowable provided claim has been filed within the time limit. On the other hand, ld. SDR relied upon the decision of the Hon'ble High Court of Bombay in the case of Maharashtra Cylinders Pvt. Ltd. v. CESTAT, Mumbai [2010 (259) E.L.T. 369 (Bom.)] to submit that when assessment is not provisional if the duty has been paid on the basis of self-assessment, there cannot be any refund claim without challenging the self-assessment. He relied upon para - 8 of the decision of the Hon'ble High Court of Bombay to submit that even a self-assessment is required to be challenged. 4. I have considered the submissions made by both sides. I....

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....d by the Tribunal in the case of Keltch Energies case and also in the case of Utkal Polyweave Indus. by the Calcutta Tribunal. We do not find any merit in the Revenue's appeal. The impugned order is legal and proper. Therefore, we dismiss the appeal of Revenue. 5. As regards the decision of Hon'ble Bombay High Court relied upon by the ld. DR, para 8 of the decision is reproduced below :- 8. Where the goods are cleared under the self-removal procedure basis on approved classification list and approved price list, the clearances are on self-assessment and unless such self-assessment is varied or altered, the question of refunding the duty paid on self-assessment does not arise at all. The Apex Court in the case of M/s. Priya B....