2000 (9) TMI 465

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.... for the Respondents. [Order per : Gowri Shankar, Member (T)]. - The application is for waiver of deposit of duty of Rs. 54.85 lacs and equal sum of penalty under Section 11AC of the Act. 2. The applicant supplies oxygen and nitrogen manufactured by it to M/s. Lloyds Steel Limited, who is its sole customer. The demand for duty has been confirmed by including in the assessable value of the....

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....e middle of 1993, against the price of the gases supplied by it, and this was exhausted by February, 1999. However, the price of the gases did not go up thereafter, i.e. when there was no advance. This indicates prima facie that the fact of the advance did not affect the price, that being the same when the advance were taken and when it was not. 4. The decisions of the Tribunal have held tha....