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2024 (4) TMI 3 - AT - Central ExciseRefund of the excess duty paid - whether subsequent negotiation of the prices can be the basis for reopening the assessment? - HELD THAT:- The appellant has adopted a selling price to the stock transferred goods on the basis of the sale from depots at or to the nearest time of its removable from the factory. The learned Commissioner (Appeals) while setting aside the order of the adjudicating authority allowing refund claims of the excess duty paid on account of subsequent negotiation of the sale price from depots, observed Allowing refund in these cases amounts to reassessment of goods, which were already assessed finally by the respondent at the time of clearance of goods from factory. The refund amount is determined and sanctioned without any authority of law. The observation of the learned Commissioner (Appeals) is in line with the opinion expressed by this Tribunal in the case of Finolex Cables Ltd. [2011 (3) TMI 414 - CESTAT, MUMBAI] wherein it is held that In the instant case, the appellant-assessee has discharged duty liability accordingly. Subsequent change in prices effected by the appellant at the depot does not affect the assessable value already determined and on which duty liability has been discharged. If that is allowed, the very object and purpose of Rule 7 of the Central Excise Valuation Rules will be totally defeated. There are no reason to interfere with the order of the learned Commissioner (Appeals) - the impugned order is upheld - appeals filed by the appellant are dismissed.
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