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2000 (9) TMI 459

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....JDR, for the Respondents. [Order per : Gowri Shankar, Member (T) ]. - The question for consideration in this appeal is whether, in determining the assessable value of the medicaments manufactured by the appellant for the purpose of applying the Notification 245/83, the special excise duty payable on the goods should be deducted. In the order impugned in this appeal, the Commissioner has not acc....

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....f the price is to be treated as cum-duty price, deduction from that price would include not only the basic excise duty but also the special excise duty. It is for this reason the Tribunal approved the action of the assessee in deducting the basic excise duty and special excise duty. 4. In the light of this manner of interpretation the contention of the Departmental Representative that specia....