1997 (3) TMI 104

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..... Excise and Gold (Control) Appellate, Tribunal, South Regional Bench at Madras dated 24-9-1986 whereby the assessee's claim for refund of excise duty on the differential between the price on the date of removal and the reduced price at which the tyres were on sold the direction of the Government. The assessee contends that their price list was approved on 14-5-1983 but subsequent thereto on accoun .....

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..... ferential in the price. The Tribunal also came to the conclusion that the subsequent reduction in the price for whatever reason was totally irrelevant so far as the liability to pay excise duty was concerned and, therefore, the claim could not be entertained. On this broad premise, the claim of the assessee for refund came to be rejected and hence the assessee is before us by way of an app .....

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..... subsequent date is unexceptionable. Besides as rightly observed by the Tribunal the subsequent fluctuation in the prices of the commodity can have no relevance whatsoever so far as the liability to pay excise duty is concerned. That being so, even if we assume that the roll back in the price of tyres manufactured by the appellant-company was occasioned on account of the directive issued by the Cen .....

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