1. The appeal is directed against Order-in-Appeal No. PVR/281/ NGP/APPL/2012, dated 31-12-2012 passed by Commissioner of Central Excise & Customs (Appeals), Nagpur. Vide the impugned order, the learned lower appellate authority has set aside the order of the assessing officer dated 24-1-2012 granting refund of excess duty paid by the importer, M/s. Minex Metallurgical Co. Pvt. Ltd., the appellant herein, on the ground that without challenging the assessment, refund could not have been sanctioned in view of the Apex Court's decision in the case of Priya Blue Industries Ltd. v. Commissioner of Customs (Preventive) Aggrieved of the same, the appellant is before us.

2. The learned counsel for the appellant submits that the appellant imported "Ferro Titanium Cored Wire" vide bill of entry No. 2650, dated 7-9-2011. In the bill of entry, the transaction value was declared as Euro 12786.50 instead of US $ 12786.50. The appellant realized the mistake immediately after payment of duty and clearance of the goods and therefore, they filed a refund claim towards the excess payment of duty made. He also produced the copy of the purchase order No. 51/00381031/00 dated 4-7-2011 wherein the cu