TMI Blog1998 (5) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... aj Iron Foundry had paid central excise duty at the rate of 15% ad valorem as against the rate of 10% ad valorem as applicable to the Pipes of Cast Iron classifiable under sub-heading No. 7303.00 of the Central Excise Tariff on 16-3-1995 under several invoices. Their customers pointed out that the applicable rate under Notification No. 41/94-C.E., dated 1-3-1994 was 10% ad valorem on realising the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, M/s. Raj Iron Foundry. 3. I have carefully considered the matter and have analysed the submissions made by both the sides. There is no dispute that the applicable rate of duty was 10% ad valorem while the respondents had paid duty at the rate of 15% ad valorem. The Assistant Commissioner of Central Excise, Agra had confirmed the demand on the ground that the assessee could have claimed refund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RG 23A Part II as per S.R.P. Procedure. As such there appear no violation of Central Excise Rules. As per S.R.P. Procedure, the assessee are entitled to debit and credit the short paid/excess paid duty within the same month. Rule 173-I(2) comes into operation when the appellants have filed the return and the credit is taken in the subsequent month. Accordingly, there is no reason to deny the credi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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