2004 (9) TMI 287

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..... have filed this appeal against the Order-in-Appeal No. 402/03, dated 31-10-2003 by which the Commissioner (Appeals) has confirmed the rejection of refund claim filed by them. 2. Shri Y.K. Kumar, learned Advocate, submitted that the appellants manufacture LPG cylinders for supply to Public Sector Undertakings such as Indian Oil Corporation Ltd., BPCL & HPCL; that they had supplied cylinders to M/s .....

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..... by the buyer was settled subsequently as the initial price was only provisional one; that the Tribunal in the case of Telephone Cables Ltd. v. CCE., Chandigarh, 2003 (154) E.L.T. 237 (T) has held that when the price agreed between parties is subject to fluctuation, it has to be taken that as and when such goods were cleared, the price was only the reduced price eligible under the terms of the agre .....

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..... ice determined between the appellants and M/s. Hindustan Petroleum Corporation Ltd. was a provisional price. It is also apparent from the purchase order brought on record by the appellants. Subsequently, the price of the LPG, manufactured and cleared by the appellants, has been finalised between them and their buyers, HPCL. We also observe that M/s. HPCL has clearly mentioned in their letter dated .....

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