2002 (2) TMI 611

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....air, Advocate, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. - This rectification of mistake application (hereinafter referred to as ROM) has been filed under Section 35C(2) of the Central Excise Act, 1944, by Revenue, against the Final Order No. 1167/2001, dated 22-6-2001, of this Bench, allowing the appeal filed by the assessee. This order was passed placing reliance on Suprem....

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....file amended declarations in terms of the reduced prices. No such amendments were filed. The contention of the assessee that the sale were on contract prices would not be relevant since, the class of buyers were the same for identical goods. In these terms the decision of Hindustan Polymers was not fully applicable in this case. (b)     The ld. Advocate Shri Nair appearing f....

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.... decision in the case of Hindustan Polymers. However the Final Order No. 1167/2001, dated 22-6-2001, does not however cover the aspect of removals, at a price lower or different from the declared prices to same class of buyers, which was also an issue. Therefore the order requires an addendum, when we follow Delhi High Court decision in the case of Krishan Madan reported in 2002 (140) E.L.T. 52 (D....

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....ld be permissible to take into account fraction of a day for constructing normal price i.e price fluctuations in the course of the day would all constitute 'normal price'. This question is to be answered in the affirmative. The price prevailing at or nearest the lime or removal will constitute the normal price. In view of Rule 173C(4) the Collector may, having regard to the nature of the goods man....