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TMI Blog2012 (7) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... isional valuation @ Rs. 27,915/- PMT. Those goods were sold from the depot during the period 18.10.2008 to 03.11.2008 at different rates. The invoice value of the goods sold by the respondent from his depot on 18.10.2008 was Rs. 30862/- PMT. However, after 18.08.2009 and most of the depot sales were at a rate lesser then the transaction value on which the excise duty was paid at the time of clearance of goods from the factory to the depot. The respondent thus applied for refund of Rs. 11,25,653/- on differential of the rate at which excise duty was paid at the time of clearance and the rate on which the goods were sold from depot. 2. The department contested the claim of refund on the ground that the refund claim was not consistent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate authority has rightly set aside the order-in-original and allowed the refund claim in respect of the excise duty paid in excess. 7. In order to appreciate the rival contentions it would be useful to have a look of relevant Rule 7 of the Central Excise (Valuation) Rules which reads thus:- Where the excisable goods are not sold by the assessee at the time and place of removal but are transferred to a depot, premises of a consignment agent or any other place or premises (hereinafter referred to as such other place ) from where the excisable goods are to be sold after their clearance from the place of removal and where the assessee and the buyer of the said goods are not related and the price is the sole consideration for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s was much more than the rate at which the excise duty was paid at the time of clearance of goods from the factory. 9. The Commissioner (Appeals) have dealt with the issue in para 5.6 of his order in following manner:- In this connection, I find that in a situation when excess payment of duty occurred owning to decrease in market value at depot, the lower authority betrayed irrational reservations in sanctioning the refund claim holding that there I find that the clearance from depot on 18.10.2008 are on the same transaction value as cleared from the factory and clearance at lower rate from the depot on later date will not make the noticee (Appellant) to entitle for refund claim and not in line with the provisions contained ..... X X X X Extracts X X X X X X X X Extracts X X X X
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