1996 (12) TMI 172

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..... The contract provided for price variation since the main raw material, namely, steel sheets, was supplied by the depots of SAIL and TISCO which was itself subject to price variation according to the rates fixed by the Government at different points of time. The appellants has filed various price lists at different points of time and paid duty accordingly. The customers of the appellants had initially issued amended orders indicating the revised rates for cylinders. The appellants had paid duty in such cases where the revised price was the result of escalation of rates. Subsequently the customers had issued another amendment order which had the result of lowering the price from the enhanced rate communicated under the first amendment order. .....

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..... ospective effect and the appellants have sought benefit of de-escalation in prices in respect of goods already cleared after payment of duty at the rates originally in force. In view of this position, Shri Malik submitted that the impugned orders would appear to be correct. This has to be upheld. 4. The arguments of both sides have been considered by us. We find that the price variation in respect of the goods in question has been due to the existence of escalation and de-escalation provisions in the contract entered into by the appellant with their customers who are Government of India Undertakings. The cause of such escalation or de-escalation of prices has also been referred to in the respective orders of the customers, namely, suc .....

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..... rices. At any rate the appellants were not aggrieved with such a decision at the time when it was decided, since it was decided as per their own declaration. The subsequent development of escalation cannot be accepted to have the effect of depriving them of an appellate remedy. The remedy resorted to by them by way of filing a refund claim is appropriate in the circumstances. Accordingly, we hold that the finding of the Collector (Appeals) rejecting the appeals before him requires to be interfered with. We, therefore, set aside the impugned order and allow the four appeals by remand to the Assistant Commissioner to consider the factual data regarding the revised prices and work out the refund in accordance with law.
Case laws, Decisions .....

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