2016 (9) TMI 1054

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....hri Ajay Kumar, Joint Commissioner (AR), for Revenue Shri M.P. Baxi, Advocate, for assessee ORDER These two appeals are filed by the Revenue as well as the appellant-assessee against the very same order-in-appeal. Accordingly, both the appeals are taken up for disposal by a common order. 2. The issue involved in this case is that during the period 29.2.1988 to 5.11.1990, the appellant-....

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....t credited the same to the Consumer Welfare Fund on the ground that the appellant-assessee has not been able to pass the hurdle of unjust enrichment. On an appeal, the first appellate authority, out of the refund of approximately Rs. 91.99 lakhs, allowed the refund claim of Rs. 75 lakhs and ordered for reversal of modvat credit of Rs. 16.11 lakhs. This was done so by the first appellate authority ....

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....icable in this case. He would rely upon the decisions of the Hon'ble Bombay High Court in the case of Bussa Overseas and Properties Pvt. Ltd. vs. UOI- 2003 (158) ELT 135 (Bom.) and Indian Dyestuff Industries Ltd. vs. UOI- 2003 (161) ELT 12 (Bom.). 4.  The learned counsel would submit that the entire assessment of the intermediate product was provisional is evidenced from the classifica....

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....r Rule 9B of the erstwhile Central Excise Rules, 1944. Under the said Rule, an assessee can seek provisional assessment and on finalization, either excess duty paid by him has to be refunded or short payment has to be paid by him to the Government. The factor of satisfying that unjust enrichment does not arise on the finalization of the provisional assessment was brought into Rule 9B in the year 1....