1999 (9) TMI 540

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....t. Shri K.L. Ramteke, JDR, for the Respondent. [Order per : J.H. Joglekar, Member (T)]. -  The appellants manufactured beverage bases which were supplied only to their wholesale traders. The supply was at the different prices. After issuing show cause notice, the Asstt. Collector accepted the highest price charged for every type of beverage base and approved the price list and confir....

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....er was a class of buyer. In his judgment, he relied upon the Bombay High Court judgment in the case of Godrej & Boyce. He observed that normally, a manufacturer would sell goods at the highest price. He was of the opinion that the price at which the goods were capable of being sold should be adopted and thus he confirmed the orders of the Asstt. Collector. Hence the appeal. 2. We have hear....

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....tor that the individual buyers could not be termed as class of buyers is not based on law. 4. As long as the price is the sole consideration in the transaction, such different price has to be accepted. The Commissioner's belief that even in the absence of extra commercial consideration, the highest price that is capable of prevailing should be taken to be the basis of assessment, is not su....