MUVA INDUS. LTD. Vs. CCE, JAMSHEDPUR

JUDGEMENT

(1.) VIDE the impugned orders the authorities below have rejected the appellants refund claim on the ground that at the time of clearance of the goods, duty was correctly paid by them on the basis of the assessable value of the sleepers as declared by them in terms of section 4 of Central Excise Act, 1944. The Subsequently reduction of the assessable value by the railways with retrospective effect will not entitle the appellants to claim refund of duty. However, after hearing both the sides we find that the appellants had filed a writ petition before the Hon'ble High Court challenging the reduction of price of HDS wire retrospectively by the railways. The said writ petition is still pending before the Hon'ble High Court. As such without expressing any opinion on the merits of the case we are of the view that the matter should be kept pending till the High Court decides the appellants writ petition. Accordingly we set aside the impugned orders and remand the matter to the Asstt. Commissioner with direction to decide the same in accordance with law after the appellants writ petition is finally decided by the Hon'ble High Court. Appeal is thus allowed by way of remand. Pronounced in the court