1996 (11) TMI 134

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....the Respondents. [Order per : U.L. Bhat, President]. -  Respondent is absent in spite of notice of hearing. We have heard Shri D.S. Negi, SDR, for the appellant-Colector and perused the papers 2. Respondent was engaged in the manufacture of Patent and Proprietary Medicines falling under erstwhile Tariff Item 14E and enjoyed the benefit of Notification No. 83/83, dated 1-3-1983 d....

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....ue and confirmed the demand for part of the amount shown in the show cause notice. Notice issued for penalty was dropped. Department took up the matter before the Collector (Appeals), who confirmed the order of the Assistant Collector holding that the respondent would be entitled to the deduction of discount. This order is now challenged by the Collector of Central Excise. 3. The finished ....

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....of the duty leviable on the medicines as is in excess of the duty calculated on the basis of formulae mentioned in Clause (i) or (ii) of the notification. Clause (i) refers to value arrived at after allowing discount of 10% on the prices specified in the price list referred to in Paragraph 8 of the 1970 Price Control Order showing the prices at which the medicines are sold to a retailer. These pri....

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.... Order. 5. The prices declared by the respondent are wholesale prices. It is not the respondent's case that any discount was being given on the declared wholesale prices. The exemption under Notification No. 161/66 was not contingent on discount actually being given to wholesalers. What we are concerned with is to arrive at the assessable value under Section 4 of the Act. The value depends....