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2017 (3) TMI 1098 - AT - Central ExciseProvisional assessment - whether adjustment of excess paid duty against short paid duty is permitted? - Rule 7 of the CER 2002 - Held that: - In view of provisions of provisional assessment, it is clear that at the time of the finalization of the assessment, total duty paid/payable has to be taken in to account and if there is net amount either short paid or excess paid only that amount will be available either for recovery or refund. Therefore final assessment is done in consolidation in respect of clearances made in particular financial year. There is no specific provision in Rule 7 that finalization of assessment shall be done either on consignment basis or monthly basis - the Asstt. Commissioner, suo-moto assessing the duty on monthly basis and wherever there is short payment, demand was raised ignoring the excess paid duty is not permitted in terms of provisional assessment as provided u/r 7 of CeER, 2002 - decision in the case of Toyota Kirloskar Auto Parts Pvt Ltd Vs. CCE., LTU, Bangalore [2011 (10) TMI 201 - KARNATAKA HIGH COURT] followed - adjustment of excess paid duty against short paid duty is permissible for the entire year i.e. 2003-04 at the time of finalization of the assessment - appeal allowed - decided in favor of assessee.
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