2003 (5) TMI 98

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....ber (T)]. - These two appeals are directed against the rejection of refund applications filed by the appellants. The grounds taken for rejection are the same. Accordingly, the appeals are taken up together and are disposed of by this common order. 2. The appellant is a manufacturer of 2 Wheelers. The present appeal is in respect of Scooters removed from the factory to the appellant's depot and ....

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....n the ground that subsequent (to removal from factory) sale prices of goods from the depots are not relevant for the purpose of assessment. 3. It is the contention of the appellant in these appeals that the refund claims were rejected on an erroneous appreciation of facts. It has been pointed out that the refund claim is not based on the subsequent sales prices of the scooters in question from ....

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.... date of removal of the goods from the factory, the sale price prevailing in the depot was lower than the assessable value adopted for the purpose of payment of duty. He submitted that the excess duty so paid was liable to be refunded to the appellant. In support of the proposition that the depots price on the date of removal of the goods from the factory is to constitute the basis for determinati....

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....s claim is on the ground that the assessable value adopted at the time of stock transfer from the factory was higher than the price prevailing on that date at the depot. The appellant is therefore, right in its contention that the refund claim is covered by the legal position stated in the Tribunal's decision in the case of Castrol India Ltd. Thus, the factual position noted in the impugned order-....