9911796707
TMI Blog2000 (5) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... ntral Excise, Bhubaneswar, against the order of the Commissioner (Appeals) who in his order had held that the duty paid by the assessee at the time of clearance of the goods on the basis of the provisional price was nothing but provisional payment of duty and the assessments during the relevant period shall be deemed to be provisional and in such case the entitlement of refund will only arise afte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I is illegal in view of absence of specific provisions under Section 11B and reading of the Explanation of relevant date under the said Section 11B, it would be clear that refund claim should have been filed within six months from the date of payment as applicable and there is no such Explanation as arrived at by the Commissioner (Appeals). 3. Heard ld. JDR, Shri J.M. Kennedy for the Department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C. 1170, 1991 (2) SCC 637 to submit that in view of the clear specific provisions of Rule 9(B), the general provisions of Section 11B will not be applicable. 4. After hearing the parties and considering the material on record, we find that there is no reason to differ with the ld. Commissioner's (Appeals) finding :- "…….The relevant date for the purpose of 11B will come into operation from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after receipt of final assessment order made by the proper officer. Thus, there was no need to file any refund application for amounts permissible as credit as provided under Rule 173-I(2). The assessee was only to await the receipt of final assessment order to be made by the proper officer. Section 11B of the Act would not be applicable to credit or adjustment of excess determinations paid as pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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