1998 (9) TMI 284

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....hri R.K. Roychoudhury, Advocate, for the Respondents. [Order per : Archana Wadhwa, Member (J)]. -  Being aggrieved with the Commissioner (Appeal's) order Revenue has filed the present appeal. 2. Respondents herein were placed a Purchase Order by M/s. Clive Fabrics Pvt. Ltd. for purchase of 3,00,000 HDPE Woven Circular Bags @ Rs. 4.50 per bag. In terms of the said Purchase Order ....

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....he basis for purposes of assessment. Accordingly, after deducting the duty and taxes, price was approved at Rs. 5.06 per bag. 3. On an appeal against the above Order, the Commissioner (Appeals) set aside the Order of approval and directed the Assistant Commissioner to approve the Contract Prices declared by the manufacturers, after allowing the usual deduction. Revenue has filed the presen....

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....delivering it further to their customers, cannot be made the basis for adopting the price at which M/s. Clive Fabrics Pvt. Ltd. were selling the goods to M/s. Raymond Cement Works as the assessable value. Similarly, the Department's view that M/s. Raymond Cement Works were wholesale buyers and M/s. Clive Fabrics Pvt. Ltd., were only the traders, is not relevant inasmuch as it was M/s. Clive Fabric....