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2018 (3) TMI 625 - HC - Central ExciseFinalisation of Provisional assessment - appellant's contention is that the show cause notice was with respect to two separate block periods of 6 months each and the provisional assessment has to be carried out for that block period setting off the gains against the losses - Held that: - since the returns have to be filed after the last date of a particular month and the duties with respect to that month have to be paid before the 5th or 7th of the next month. There can never be intended a provisional assessment for a block period of six months, going by the periods stipulated in sub-Rule (3); which is only the period prescribed for completion of the final assessment as per the provisional returns filed by the assessee - there is no reason to interfere with the finalisation of provisional assessments on the claim raised of an assessment for a block period of six months. Two different block periods of four months and two months were taken only to satisfy the six month period as prescribed under sub-Rule (3) of Rule 7 for finalisation of the provisional assessment, which period commences from the date of supply of the details. The assessee's contention cannot be sustained since there could be no clubbing of the various months falling within the period of provisional assessment, as permitted under Rule 7(1). There can be no remand of the provisional assessment as finalised for the period from 1.2.2007 to 31.7.2007 - appeal allowed in part.
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