1998 (4) TMI 317

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Respondent. [Order per : Archana Wadhwa, Member (J)]. - The issue involved in all the said appeals is the same and arising out of the same impugned order of the Commissioner (Appeals). As such, a common order is being passed. 2. The appellants herein are manufacturers of electric wires and cables. They have entered into contracts with their customers for supply of the said items vide va....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... them in their price lists. 3. Appearing for the appellants, Shri D.B. Desai, learned Consultant submits that the issue is no more res integra and has been decided by the Tribunal in the appellants' own case vide number of decisions. Drawing attention of the Bench to one such Order Nos. 1213-1247/97-A dated 30-6-1997 passed in the appellants' own case against Order-in-Appeal No. 91-121/JSR/9....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....owed. 4. Countering the arguments, Shri S.N. Ghosh, learned J.D.R. submits that the issue is now decided by the Larger Bench of the Tribunal in the case of Dye-ichi Karkaria v. Collector of Central Excise reported in 1996 (81) E.L.T. 676 wherein it has been held that the Modvat credit does not, ipso facto, lowers the assessable value in terms of the provisions of Section 4 (1)(a). He, further, su....