2005 (3) TMI 230 - AT - Central Excise

Summary

Issues:
Appeal against rejection of refund claim due to excess duty paid on supply of rail clips.

Analysis:
The case involves an appeal filed by M/s. Jaiswal Equipments and Holdings Pvt. Ltd. against the rejection of their refund claim by the Commissioner (Appeals). The dispute arose from a contract with the Railway Board for the supply of rail clips at a specific rate, which was later revised to a lower rate after the goods were supplied. The Appellants contended that they had paid excess duty due to the delay in finalizing the new rate. The Revenue argued that the revised rate cannot be considered as the price at the time and place of removal, as it was finalized after the goods were cleared.

The Appellants argued that the contract extension granted by the Railway Board was conditional upon supplying the goods at the lowest of three tender rates, which was later finalized at a reduced rate of Rs. 20.60 per piece. They provided evidence, including a certificate from South Eastern Railway, Kolkata, confirming payment at the reduced rate. The Appellants claimed that the reduced rate should be considered the normal value under Section 4 of the Central Excise Act, as the contract had been revived based on the condition of reduced rates.

The Tribunal considered both parties' submissions and found that the Appellants had indeed supplied the goods at the reduced rate of Rs. 20.60 per piece, as per the condition set by the Railway Board. The Revenue failed to prove that the Appellants received payment in excess of this rate. The Tribunal determined that the assessable value should be based on the reduced rate at the time and place of removal, as per Section 4 of the Central Excise Act. The Tribunal distinguished the present case from the precedent cited by the Commissioner (Appeals), as the circumstances were different. Consequently, the Tribunal set aside the impugned order and allowed the Appeal in favor of the Appellants.