COMMISSIONER OF CENTRAL Vs. PRATHIMA INDUSTRIES (P) LTD.

JUDGEMENT

(1.) THE Revenue is aggrieved with Order -in -Appeal No. 43/2004 CE dated 31.3.2004. The appellant's contention is that they are eligible for refund in respect of excess duty paid for the period July 1999 to October 2000. Their contention has been accepted by the Commissioner in terms of the ratio of the following three judgments.

(2.) WE have heard both sides in the matter and find that the issue is further covered by the ruling rendered by this Bench in the case of CCE v. Kurnool Cylinders Pvt. Ltd. by Final Orders No. 1528 -1529/2006 dated 1.9.2006. The findings recorded in Para 5 is reproduced herein below.

(3.) WE have gone through the records of the case carefully. There are many decisions of the Tribunal holding that when there is price escalation, the assessment would be deemed provisional and the refund claim would not be hit by time bar. This Bench itself in the following cases has allowed the appeals of the assessee for refund of the amount on account of downward revision of the prices.