2002 (5) TMI 486

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....ain, DR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - The above appeal arises out of the order of the Commissioner of Central Excise who has confirmed duty demand of Rs. 29,90,719.60 on various excisable goods falling under Chapters 28, 29 and 30 of the Schedule to the CETA, 1985 manufactured and cleared by the appellants during the period October, 1989 to January, 1995 a....

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....ew of the decision of the Apex Court in the case of Indian Oxygen Ltd. v. CCE [1988 (36) E.L.T. 723 (S.C.)] in which it has been held that when ex-factory price exists and is ascertainable, that is to be taken as the basis of value under Section 4 of the CEA, even for the goods, sold from depots. The adjudicating authority has gone by the decision of the Supreme Court in the case of M/s. M.R.F. Lt....