TMI Blog2014 (9) TMI 614X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by the assessee shall be the final price and shall be the price for assessment. The case relied on by the Tribunal in the present case in the impugned order is one such case, wherein, the price adopted by the assessee therein was the price prevailing in the depot on the same day in which, the goods are cleared from the factory. However, the Tribunal had erroneously proceeded on the basis that the price based on which, benefit claimed is the prevailing price at the depot on the date of which goods are cleared from the factory. In fact, the price quoted by the assessee is the price at the related date than the date on which the goods are cleared. Following decision of Camphor & Allied Products Ltd. v. Commissioner of Central Excise, Luckn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on the date of clearance from the factory premises and declared the same as final price and as the assessee has chosen to declare the different price and later claimed a refund on the ground the depot transactions on that day took place at a lower price, the assessee is disentitled to claim any refund and hence rejected the claim. Aggrieved by the same, the assessee preferred separate appeals before the First Appellate Authority. The First Appellate Authority also having gone into in detail all the relevant facts and materials upheld the order of the lower authority. As against which, the assessee preferred appeal before the CESTAT. 4. The CESTAT has arrived at a conclusion that the assessee cleared the subject goods from factory, on a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learance of goods from their factory premises. It is equally not the case of the assessee that no price is available at the depot on the date on which the goods are cleared from the factory. In such cases, it is the duty of the assessee to ascertain the price prevailing on the factory as well as in the depot and to quote prevailing lower price beneficial to the assessee and as the choice is given to the assessee, the price quoted by the assessee shall be the final price and shall be the price for assessment. The case relied on by the Tribunal in the present case in the impugned order is one such case, wherein, the price adopted by the assessee therein was the price prevailing in the depot on the same day in which, the goods are cleared from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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