1996 (12) TMI 195

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....lant. Shri M. Ali, JDR, for the Respondent. [Order per : Justice U.L. Bhat, President]. - The common appellants are engaged in the manufacture of patent and proprietary medicines falling under erstwhile T.I. 14E for themselves and for and on behalf of two concerns, namely, M/s. N.R. Jet Pharmaceuticals Ltd. (for short, NRJP) and M/s. Fine Dye Stuff and Chemicals (I) Ltd. (for short, FDSC)....

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....scount of 15% on the retail price of the said medicines specified in the price list referred to in paragraph 19 of the Drugs (Prices Control) Order, 1979, issued under Section 3 of the Essential Commodities Act, 1955 was exempt. Assistant Collector took the view that appellants were required to avail benefit of the exemption in which case deductions under Section 4 of the Central Excise Act, 1944 ....

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....beyond a limit. The limit is specified as equal to retail price referred to in the notification less discount of 15%. Therefore, in reckoning the duty payable under the notification, the deductions under Section 4 of the Act have no relevance. 3. The question is whether the appellants are compelled by law to avail the benefit of the exemption notification. The benefit is granted by the not....

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....claiming exemption in respect of some medicines in which case he will not be entitled to exemption in respect of other medicines. In the absence of any other factors militating against the aforesaid circumstances, appellants would be justified in requiring the assessable value to be reckoned under Section 4 of the Act and also claim deductions permitted thereunder. 4. Shri Ali, JDR pointed....