1997 (11) TMI 247

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....Shri K. Srivastava, SDR, for the Respondent. [Order per : J.H. Joglekar, Member (T)]. - The appellants in this case filed a price list in Part II for supply of detergent powder to the Canteen Stores Department. The value claimed for approval was Rs. 5.50 per kg. The price list contained the following sentence : "The declared prices are the contracted prices at which the goods are to be so....

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....wn, could not be retrospectively applied. He upheld the rejection of the refund claim resulting in the present appeal coming up before us. 2. Shri Ramesh Singh, ld. Advocate arguing for the appellants, claimed that the case did not involve retrospective application of a later price list under which reduced prices were claimed. It was his claim that where the contract price provided for esc....

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....ve carefully considered the rival submissions and have also seen the cited judgments. In the two cited judgments, quoted by the ld. Advocate, the issue involved price lists which had built in provisions for escalation and de-escalation. We have seen the price list in the case before us. The price list does not refer to any contract. It also does not show whether there was any agreement between the....