2008 (7) TMI 277

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....lant. Shri S. Venkatachalam, Advocate, for the Respondent. [Order per: P.G. Chacko, Member (J)]. - These appeals of the Revenue are against two remand orders of the Commissioner (Appeals). The respondents (hereinafter referred to as 'the assessee') had filed refund claims for the periods July, 1999 to October, 2000 and January to May, 2001 on the strength of price variation clauses of the re....

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....nsel for the assessees that the subject goods (LPG cylinders) had been cleared to oil companies at a provisional price and that a long time was taken by those companies to settle the price with the assessees. Such settlements were in terms of price variation clauses incorporated in the relevant contracts. The clearances of the cylinders were effected against B-13 bonds executed by the assessees. I....

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.... have found striking similarity between the facts of the cited case with those of the instant case. In the cited case, the price of cylinders was reduced for the period from 01-7-1999 to 31-10-2000 by invoking the price variation clause contained in the relevant agreement and this led to a claim for refund of duty. The claim was rejected as time-barred as also on the ground that the assessee had n....

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....ubmission has been countered by the learned counsel by submitting that, even after 26-3-1999, the assesses have paid differential duty on cylinders consequent upon enhancement of price after clearance. The department, having accepted such payments of differential duty, should not deny refund of differential duty in cases where the cylinder prices were reduced after 26-3-1999, counsel submits. 4....