1997 (3) TMI 104

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....against the judgment and order of the Customs, Excise and Gold (Control) Appellate, Tribunal, South Regional Bench at Madras dated 24-9-1986 whereby the assessee's claim for refund of excise duty on the differential between the price on the date of removal and the reduced price at which the tyres were on sold the direction of the Government. The assessee contends that their price list was approved....

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....assessee [to] refund of excise duty on the differential in the price. The Tribunal also came to the conclusion that the subsequent reduction in the price for whatever  reason  was  totally  irrelevant  so  far  as  the liability to pay excise duty was concerned and, therefore, the claim could not be entertained. On this broad premise, the claim of the assess....

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....ce when the commodity is cleared at the factory gate and not on the price reduced at a subsequent date is unexceptionable. Besides as rightly observed by the Tribunal the subsequent fluctuation in the prices of the commodity can have no relevance whatsoever so far as the liability to pay excise duty is concerned. That being so, even if we assume that the roll back in the price of tyres manufacture....