2003 (12) TMI 403

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....m its depots from where they have cleared to the dealers. It is claimed that the assessee was providing discounts to its customers from the list price and determines the assessable value of the medicament by deducting from the list price sums work to this discount transport and other charges. Notice issued to the appellant proposed to deny these deductions on the ground that these discounts had actually not been passed on and that the assessee also recovered the transport charges from its customers. Adjudicating on the notice, the Commissioner has confirmed the demand and imposed penalty equal to the duty and also imposed a penalty on Ratnakar Sonawane, its authorised signatory. 3. The basis for the proposals in the notices is the d....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 19-3-1999 is seen to have been received on the same day, as seen from the signature on it. It is contended that it is the signature of an officer in the range office having jurisdiction over the appellant. The same claim has been made before the Commissioner. The Commissioner ought to have verified to find out whether such a declaration in fact had been filed by the assessee and received by the range office. His dismissal of the claim without even such a verification cannot be sustained. The assessee would have no other means of establishing that the document has been received by the concerned range office and it was simple enough for the Commissioner to verify the matter. If that is the case, there would be justification for saying that t....