2016 (9) TMI 1054

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..... (AR), for Revenue Shri M.P. Baxi, Advocate, for assessee ORDER These two appeals are filed by the Revenue as well as the appellant-assessee against the very same order-in-appeal. Accordingly, both the appeals are taken up for disposal by a common order. 2. The issue involved in this case is that during the period 29.2.1988 to 5.11.1990, the appellant-assessee was engaged in the manufacture o .....

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..... re Fund on the ground that the appellant-assessee has not been able to pass the hurdle of unjust enrichment. On an appeal, the first appellate authority, out of the refund of approximately Rs. 91.99 lakhs, allowed the refund claim of Rs. 75 lakhs and ordered for reversal of modvat credit of Rs. 16.11 lakhs. This was done so by the first appellate authority on an order of remand from the Tribunal. .....

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..... decisions of the Hon'ble Bombay High Court in the case of Bussa Overseas and Properties Pvt. Ltd. vs. UOI- 2003 (158) ELT 135 (Bom.) and Indian Dyestuff Industries Ltd. vs. UOI- 2003 (161) ELT 12 (Bom.). 4.  The learned counsel would submit that the entire assessment of the intermediate product was provisional is evidenced from the classification-cum-price list filed by them and also va .....

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..... , 1944. Under the said Rule, an assessee can seek provisional assessment and on finalization, either excess duty paid by him has to be refunded or short payment has to be paid by him to the Government. The factor of satisfying that unjust enrichment does not arise on the finalization of the provisional assessment was brought into Rule 9B in the year 1999. It is undisputed that the refund claims we .....

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..... / non-dutiable but further consumed in manufacture of final product "chopped strand mat" which is excisable. In view of this, having paid the duty and provisional assessment being finalized in their favour, we hold that the impugned order to the extent challenged by the appellant-assessee is liable to be set aside and we do so. 7.  Revenue's appeal is rejected and the assessee's appe .....

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