2008 (9) TMI 359

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....uring international bidding for supply of MS coated pipe. While selling the pipes to M/s. GAIL, the appellants had consigned the goods to job workers namely, M/s. Eupee - Welspun Pipe Coating Ltd. on payment of duty and the job workers took the amount of credit of duty paid by the appellant and supplied after coating the pipes on account of M/s. GAIL supplied by them. M/s. Eupee - Welspun Pipe Coating Ltd. availed the credit of duty paid as shown in the invoice. However, the appellant had discharged the duty of Central Excise on Customs notified exchange rate instead of adopting exchange rate prevailing on the date of removal whereas the buyers paid them on the basis of bank exchange buying rate on the date and hence the appellants ended up....

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....at refund is not admissible. The learned Advocate cited some judgments in support of his arguments. The very same judgements cited before us were cited by the appellants before the Commissioner (Appeals) also, who rejected the same on the ground that the said judgments were not dealing with provisions of Section 11B(2). We find that in Coromandel Fertilizers case it was held that if purchasers have taken the actual amount of duty paid by the assessee which was found to be in excess subsequently and the refund was granted by the Department, excess amount of credit availed by the purchasers cannot be recovered from the purchaser. In Autolec Industries (P) Ltd. case it was held that no adjustment or variation of refund amount sanctioned to man....