2002 (2) TMI 796

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ppellant. S/Shri J.J. Bhatt, Sr. Advocate with R.G. Sheth, Advocate, for the Respondent. [Order per : Gowri Shankar, Member (T)]. -  Hagel Capsule Industries Ltd., the respondent to this appeal, was engaged in the manufacture of pharmaceutical products on orders placed on it by Glaxo India Ltd. After manufacture, the respondent sent these drugs to the sales depot of Glaxo India Ltd. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....clared by it was the price at which Glaxo India Ltd. sold the goods to its dealers and not, as it ought to be, the price at which it sold these goods to Glaxo India Ltd. It therefore contended that this price was lower than the price at which Glaxo India Ltd. sold the goods. It contended that it had paid duty in excess of what should have been paid and asked for the refund. The Assistant Commissio....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....refore, the discount of 8-10% on different commodities that the assessee had claimed must be deducted. At the same time, the assessable value must be determined, going by the department's appeal, not on the basis of the price at which Glaxo India Ltd. sold the goods to its dealers, but the price at which the respondent sold the goods to Glaxo India Ltd. Counsel for the respondent undertakes that i....