2000 (3) TMI 561

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....dvocate, for the Appellant. Shri S.P. Rao, JDR, for the Respondent. [Order per : Justice K. Sreedharan, President]. -  These are connected appeals. These are virtually cross appeals - one at the instance of the assessee and other by the Revenue. We are disposing of these appeals by this common order. 2. The short facts necessary for the disposal of these appeals are as follow....

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....nalty of Rs. 1 lakh was also proposed to be imposed on the assessee. The adjudicating authority confirmed the demand of differential duty made in the show cause notice. He also imposed a penalty of Rs. 7,83,726/- under Rule 173Q. The adjudicating authority further directed the assessee to pay interest at the rate of 18% on the amount covered by the demand. This order of the adjudicating authority ....

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....oice was not correct. Nor had they any case that any amount over and above the amount covered by the invoice flowed back to them from the buyers. Under such circumstance, the price at which the goods were sold to the dealers was the sole consideration for the sale as contemplated by Section 4(1)(a) of the Act. Therefore, the Department was not justified in claiming differential duty as if the asse....