2005 (1) TMI 190

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....dated 2-4-2001 to make payment of duty taking the assessable value @ 115% of production cost of processed fabrics in terms of Rule 8 of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000; that as the duty was payable on the assessable value determined in terms of the Supreme Court's decision in the case of Ujagar Prints, 1989 (39) E.L.T. 493 (S.C.), they requested for provisional assessment under Rule 9B of the Central Excise Rules, 1944/Rule 7(1) of the Central Excise (No. 2). Rules, 2001; that the differential duty was also paid by them to the Department; that, finally, the Board clarified vide Circular No. 619/10/2002-C.X., dated 19-2-2002 and Circular No. 643/34/2002-CX., dated 1-7-2002, that the duty on go....

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....sment. 3. The learned Advocate submitted that the Assistant Commissioner had finalised the provisional assessment vide Order dated 31-12-2002 in which the deemed credit, wrongly availed of by them, was determined to Rs. 5,67,308/-; that once the Order, finalising the assessment has been issued by the Assistant Commissioner, he has become functus officio and cannot issue a corrigendum increasing the amount of deemed Modvat credit payable by them; that it has been held by the Supreme Court in the case of CCE, Patna v. I.T.C., 1994 (71) E.L.T. 324 (S.C.) that after finalisation of assessment, the assessee cannot be saddled with additional demand without issuing the show cause notice and affording personal hearing. He also contended that the c....