MAHARASHTRA CYLINDERS PVT. LTD. Vs. CESTAT

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This appeal was admitted on 7-8-2010 on the following questions of law:

(3.) During the period from 1-7-1999 to 31-10-2000, the Appellant-Assessee had cleared the cylinders manufactured by it on payment of excise duty under the self removal procedure. It appears that pursuant to the contract between the Appellant and its customers, namely, Indian Oil Corporation Ltd., Hindustan Petroleum Corporation Ltd. and Bharat Petroleum Corporation Ltd., there was downward revision of prices of cylinders, which were already cleared by the Appellant Assessee on payment of the excise duty. In the light of the downward revision in the prices, the Assessee filed a refund claim on 27-2-2001 for Rs. 23,69,640/-.