2000 (10) TMI 623

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....llant. Shri Vijay Arora, Chartered Accountant, for the Respondent. [Order per : Gowri Shankar, Member (T)]. - The respondent to this appeal, inter alia manufactured and cleared erythromycin on payment of duty. The respondent was selling this substance at the maximum price fixed for sale under the Drug Price (Control) Order, 1987 (DPCO). 2. On 30-9-1991 the maximum price fixed unde....

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....e (a) of sub section (1) of Section 4 of the Act would apply to it only if it sold the goods at the maximum price specified and not at a price lower than the maximum. The Commissioner (Appeals) accepted this contention and held that the assessable value should be at the price at which the assessee sold the goods. This is appealed by the Department. 5. The ground in the appeal is a reiterat....