9911796707
TMI Blog2014 (2) TMI 691X X X X Extracts X X X X X X X X Extracts X X X X ..... AR), for the Appellant. Shri Gajendra Jain, Advocate, for the Respondent. ORDER This is an appeal filed by the Revenue against Order-in-Appeal No. CEX-XI/JMJ/273/916/ NSK/APL/2004, dated 28-6-2004 passed by the Commissioner of Central Excise & Customs (Appeals), Nashik. 2. The facts relevant to the case are as follows : 2.1 The respondent, M/s. Perfect Circle Victor Ltd., Nashik are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee on account of the finalisation of the provisional assessment and accordingly directed the respondent-assessee to make the balance payment of Rs. 146,70,430.80. The Revenue was aggrieved of the same on the ground that the adjudicating authority should not have adjusted the excess payments towards the short-payments and the assessee should have been directed to file a refund application for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he grounds urged in the appeal memorandum. However, he submitted that there was a provision for adjustment of excess payments towards short-payments under Rule 9B of the Central Excise Rules during the material period of time. The said Rule was amended subsequently in 1999 to provide that, if any refunds are to be made, then the procedure under Section 11B should be followed. 4. The learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall be adjusted against the duty finally assessed, and if the duty provisionally assessed falls short of, or is in excess of the duty finally assessed, the assessee shall pay the deficiency or be entitled to a refund, as the case may be." From the above provisions, it is abundantly clear that any excess payments made can be adjusted towards short-payments at the time of finalizing of the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
