1995 (6) TMI 136

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....0 lakhs out of a total duty of Rs. 22,63,993.24. 2. Shri Raman, learned counsel for the appellants pleaded that the appellants took the matter by way of writ petition before Hon'ble High Court of Madras and cited the judgment of the Tribunal in the case of Gora Mal Hari Ram Ltd. reported in 1994 (69) E.L.T. 269 and the Hon'ble High Court while disposing of the writ petition remanded the matter to the Tribunal for reconsideration of the issue taking into consideration of the judgment cited before the Hon'ble High Court, by them. The learned Advocate pleaded that when the order was passed by the Tribunal on 16-8-1993, the judgment cited by the appellants was not available with the Tribunal. A prima facie reading of that order of the T....

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....is charged by the assessee from the customer that is relevant. Whatever may be the consideration for charging a particular price, it may be market conditions, it may be due to the facility a particular buyer has, it is the price which is actually charged that is relevant for determining the assessable value. In other words, as long as the price is not influenced by extra-commercial consideration and as long as the customer is not related person and as long as the price is the sole consideration for sale, it should alone be the basis for determining the assessable value. We may point out, a manufacturer may enter into different contracts with different industrial consumers for different prices. The contract is a genuine contract and there is....

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....stayed by the Hon'ble Supreme Court or the Department has moved for stay of the operation of the order of the Tribunal. It was pointed out to the learned DR that there was no plea from the Revenue before the Hon'ble High Court that the order of the Tribunal had been stayed or the matter was before the Hon'ble Supreme Court. 4.  We have considered the pleas made by both the sides. We observe that subsequent to the order of the Tribunal, judgment cited was passed and also the majority view that has emerged in the case of Travancore Cements Ltd v. CCE reported in 1994 (71) E.L.T. 498 is that there can be more than one price for different regions based on accepted commercial criterion. The appellants it is seen had filed five price list....