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1999 (11) TMI 352

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...., for the Appellant. Shri B.K. Choube, JDR, for the Respondent. [Order per: J.H. Joglekar, Member (T)]. -  On hearing Dr. D.M. Mishra for the applicants and Shri B.K. Choube for the Revenue. It appeared that at this stage itself the main appeal could be taken up for consideration this was done by granting waiver of pre-deposit, duty confirmed amounting to Rs. 20,49,694/-. 2. ....

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.... for captive consumption also. The Assistant Collector following the law laid down by the Tribunal to the effect that where the normal price was available at the factory gate, the same should form basis the valuation for captive consumption confirmed the demand. The assessee then filed an appeal. The Commissioner (Appeals) on the ground that prima facie balance of convenience was in the favour of ....

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....ation and approval of prices for sale during the normal course of business was dispensed with and the clearance documents themselves were made the documents for declaration of prices. In certain circumstances such as the goods not being sold or for other reasons such as captive consumption, the declarations were mandatory which were made by the assessee in the present case. 4. Dr. Mishra s....

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....ted as prices in the ordinary course of business for same goods would continue to apply for captive consumption, for an indefinite period or whether in the absence of any further transactions, a reasonable time limit should be placed thereupon. This question is based on the understanding that the prices in the free market envisaged in Section 4 are dynamic in nature given to fluctations. All these....