2014 (9) TMI 614

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....ibunal is correct in holding that the lower sale price for goods cleared at Depot on subsequent day will constitute the basis for assessment?" 2. The respondent mills herein referred to as the assessee are manufacturers of Cotton Yarn, CBY and NCSY. They have cleared goods from the factory premises to various depots during the month of February, 1997. While doing so, they declared the price of the goods at the rate which was higher than the price at which same goods sold through the depot. Later on, the assessee came forward with the claim for refund of the excess duty remitted by them on the goods on the basis that the price declared by them for their factory gate clearance was higher than the price, at which similar goods were sol....

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....d claim made by the assessee for the present case and allowed the appeal, however, subject to condition that claimant establish before the original authority that the claim is not hit by the bar of unjust enrichment. Hence, this appeal by the Revenue before this Court. 6. The short point arises for consideration is that whether the assessee is entitled to refund of excess duty remitted by them on the basis of the prevailing price on the same day or the subsequent day or on the later date. 7. The facts narrated by the Assessing Officer would undisputedly disclose that the basis for the refund claim made by the assessee was the prevailing price in the depots on dates latter to the dates on which goods were cleared from the fac....