2016 (7) TMI 651

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..... a, Member (Judicial) Shri V. Padmanabhan, Member (Technical) ORDER The two appeals under consideration deal with the same subject and hence are taken together for a decision in this order. The appellants are manufacturers of Electric Transformers falling under Chapter 85 of the Central Excise Act. These goods are supplied to various electricity boards on the basis of rate contracts which includ .....

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..... to provisional assessment in terms of Rule 7 of the Central Excise Rules, 2002 and hence assessments are to be considered final and subsequent reduction in prices will not entitle them to any refund of duty. 2.  Heard Ld. Advocate for the appellants as well as Ld. DR for the Revenue. 3.  Ld. Advocate for the appellant brought to our notice the fact that an identical matter has been dec .....

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..... 48-CESTAT-NEW DELHI]. By taking note of the precedent decision, it stands held that the refund can be granted to the assessee in a situation where the assessments were not made provisional but the price of excisable goods was reduced downward after clearance of the goods as per price variation clause which was in existence in the contract under which goods were being cleared and the buyers adjuste .....

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