2001 (3) TMI 441

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....Appellant. Shri P.K. Jain, SDR, for the Respondents. [Order per : C.N.B. Nair, Member (T)]. - Appellants are manufacturers of patent and proprietary medicines. They do so from Bhiwani located near Bombay, Gujarat and Bhiwadi (Rajasthan). They were liable to pay excise duty on the normal price prevailing at the factory gate. As the goods were being sold from depots, which handled goods fro....

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....uty. He submitted that such a method has been approved by the Apex Court in the case of M.R.F. Ltd. He submitted that Board has issued instructions vide Circular No. 136/47/95-CX dated 12-7-1995 stating that deduction of freight on average basis should be accepted while determining the normal price under section 4(1)(a) of the Central Excise Act. Learned Counsel pointed out that the appellant has ....

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....Court in its decision in the case of M.R.F. Ltd.. In these circumstances, it has to be held that there is no legal basis to the denial of deduction claimed by the appellant on average basis. During the arguments, Learned Departmental Representative pointed out that from the order of the Commissioner it would appear that part of the deduction related to non-excisable goods also. He referred in part....