1996 (11) TMI 218

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....i Murugandi, DR, for the Respondents. [Order per : T.P. Nambiar, Member (J)]. -  In this case, the appellants were supplying the goods to TNEB and in the contract there was a price variation clause to the effect that if the price of the inputs in question are increased or decreased then to that extent the price will be affected while they were being supplied to the TNEB. In this case, i....

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....levy of duty ad valorem." Relying on the above said decision, it was contended before us that the amounts actually realised after the price escalation is the part of the price payable and alone forms the part of assessable value. 3. But the learned DR, on the other hand, relied on the decision of this Tribunal in the case of M/s. Best & Crompton Engg. Ltd. in Order No. SB/77/95. He poin....

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....ontract became unenforceable still the appellants are liable to pay duty in accordance with the contract. In this particular case, as per the escalation clause, there was already a settlement reached between the appellant and the TNEB and in terms of that settlement appellants have also received certain amounts and those amounts were added to the assessable value and duty had also been paid. There....