Rule 7 of Central Excise Rules and section 12B of Central Excise Act doesn’t apply in provisional assessment

Commissioner of Central Excise Vs J K Tyre Industries Ltd. (Karnataka High Court) Karnataka High Court held that the provisions of Rule 7 of the Central Excise Rules and Section 12B of the Central Excise Act are not applicable in cases of provisional assessment. Accordingly, appeals of revenue stand dismissed. Facts- The respondent-assessee is engaged in the manufacture of tyres. Three of its units cleared goods to the depots on provisional assessment under Rule 7 of the Central Excise Rules, 2002, on the ground that the value of the goods was not ascertainable at the time of removal. Upon fin...