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2018 (8) TMI 1661 - AT - Central ExciseRefund of excess excise duty paid - price variation clause - rejection of the refund claim on the ground that the appellants did not opt for provisional assessment even though they were aware of the price variation clause in the agreement - Held that:- Similar issue was considered by Tribunal in the case of PTC Industries Ltd. [2016 (8) TMI 200 - CESTAT NEW DELHI], where it was held that If there is a subsequent reduction in price, based on price variation clause in rate contract, the assessment has to be considered as provisional. Non observance of procedure under Rule 7 of Central Excise Rules, 2004 will not render the assessment as final assessment and refund can be granted in such a situation - refund allowed - appeal allowed - decided in favor of appellant.
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