TMI Blog2015 (12) TMI 730X X X X Extracts X X X X X X X X Extracts X X X X ..... of assessment or not - Held that:- appellant has not sought refund of the excess duty paid - Reliance placed by the Ld. AR in Excel Rubber Ltd. (2011 (3) TMI 527 - CESTAT, NEW DELHI (LB)) is not applicable when the decision of the Hon'ble High Court of Karnataka is available. Further, the case of GIS Cotton Mills Ltd. (2013 (6) TMI 119 - Calcutta High Court) relied upon by the ld. AR is not appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against the short payment paid at the provisional assessment has been denied by the lower authorities. 2. The brief facts of the case are that the appellant is manufacturer of medicaments and opted for provisional assessment as while clearing the goods, the actual price was not available. Later on, it was revealed the appellant has paid excess duty in some cases and has short paid duty in some ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the excess payment against short payment of duty (in case of provisional assessment) is not admissible as the question arose whether the appellant has passed the bar of unjust enrichment in excess payment of duty. He further relied on GIS Cotton Mills Ltd. 2013 (288) ELT 184 (Cal.) to support his contention. 4. Heard the parties. Considered the submissions. 5. In this case, the issue before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me issue holding that while finalizing a provisional assessment, the excess payment of duty can be adjusted against the short payment. This judgment is with regard to the provisions of Rule 7 of the Central Excise Rules, 2002. In our view the judgment of Hon ble Karnataka High Court is binding on the Tribunal. In view of this, there is no illegality or impropriety in Commissioner (Appeals) s order ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
