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2006 (2) TMI 360 - AT - Central ExciseRefund - Limitation - Valuation - whether the appellants are entitled to refund of the excise duty paid on the gas cylinders cleared by them on account of reduction of price of the cylinders by the oil companies to whom they sold the cylinders? - HELD THAT:- Since, the appellants have informed the department that the prices are provisional and the agreements with the oil companies also indicate that the prices are subject to revision with retrospective effect, we have to treat the assessment as provisional and the time bar would not be applicable. All the case laws relied on by the appellants are very relevant. When the department does not have any hesitation in receiving the differential duty on account of upward revision of prices, they cannot take a different stand and reject the refund claim when there is downward revision on the ground that the assessments are final and the demands are time barred. Since the appellants have informed the department of the fact of price variation in all these cases, the assessments on RT-12 should be deemed to be provisional and therefore, the time bar would not be applicable. The fact that no bond was executed under Rule 9B should not stand in the way of treating the assessment as provisional. In the result, we allow the appeals with consequential relief.
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