TMI Blog2014 (8) TMI 1031X X X X Extracts X X X X X X X X Extracts X X X X ..... conclusion that if credit notes are issued and benefit passed on to the customers, the assessee is entitled to refund of the same. Since the issue is covered by decision of the Hon’ble High Court of Karnataka and refund claim has arisen as a result of provisional assessment and in terms of Rule 7(3) of the Central Excise Rules, 2002, such refund is required to be paid by the Assistant Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as per IEEMA Price Variation Clause. The supplies were made on the provisional price as indicated in the purchase orders and Excise duty/Education Cess liability have been discharged accordingly as per Rule 8 of the Central Excise Rules, 2002. The refund claim has arisen on account of de-escalation in prices (downward revision in price) in respect of supplies made to M/s. CESC against the purchas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules, 2002 which provides for payment of duty on provisional assessment basis pending finalization. According to Rule 7, whether the assessee is entitled to refund consequent to order for final assessment under sub-rule (3) which reads as under :- The Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, shall pass order for final assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the question of unjust enrichment will not apply to provisional assessment cases. The original authority has taken a view that if separate refund claim is filed, it would be governed by Section 11B. On this basis, credit notes issued by seller to buyer for subsequent clearance of the goods has no relevance. The original authority relied upon the decision in the case of Grasim Industries v. Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... result of provisional assessment and in terms of Rule 7(3) of the Central Excise Rules, 2002, such refund is required to be paid by the Assistant Commissioner on his own, we consider that the impugned order has no merits. Accordingly, the impugned order is set aside and the appeal is allowed with consequential relief, if any, to the appellants. (Operative portion of the order has been pronounc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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