2017 (4) TMI 1116

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....ppeals), Lucknow. 2. The brief facts of the case are that the respondent herein imported Crude Petroleum & warehoused the same at Vadinar, Jamnagar after filing into bond Bills of Entry for the period from 04/05/1998 to 27/01/2001. Subsequently, the goods were cleared to M/s Indian Oil Corporation Ltd., at Mathura on payment of Customs duty on provisional basis for home consumption by filing ex-bond Bills of Entry. The ex-bond Bills of Entry were also assessed provisionally at Mathura and that payment of duty at Mathura through ex-bond Bills of Entry was on the basis of arriving at assessable value provisionally. Subsequently, the assessments were finalized through Assessment Memorandums No. 42/2007 dated 21/11/2007, 44/2007 to 47/2007 all....

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.... is not applicable to return of excess payment on to return of excess payment on finalization of provisional assessment under Rule 9B (5) of the Central Excise Rules, 1944. The ld. Commissioner (Appeals) held that the refund arose as a result of finalization of provisional assessment done by Assistant Commissioner, Central Excise Division, Aligarh and that the ratio of the said judgment was squarely applicable in the instant case and therefore held that provisions related unjust enrichment were not applicable in the instant case. The ld. Commissioner (Appeals) allowed the appeal filed by M/s Indian Oil Corporation Ltd. Aggrieved by the said order Revenue is in appeal before this Tribunal. Revenue has also filed application for stay of opera....