2004 (9) TMI 463

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....llant. Shri P.M. Saleem, SDR, for the Respondent. [Order per : S.L. Peeran, Member (J) (Oral)]. -  The appellants have prayed for waiver of duty of Rs. 1,64,36,241/- and like sum as penalty. The appellants are holders of CE Registration and were manufacturing and clearing Gaseous Oxygen & Gaseous Nitrogen under the Agreement through Pipeline to M/s. Mukund Ltd. In terms of the Agreement, a....

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....ditional consideration. It is his submission that when there is no manufacture and sale of the impugned goods and no consideration has been received, the question of adding the compensation received to any assessable value does not arise. He submits that in such a situation, there is no question of considering the compensation to be as additional consideration. He submits that the Tribunal has dec....

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....msp;On a careful consideration and perusal of the entire judgments, the fact of the appellants receiving the amount under the Contract as compensation has been confirmed by the Commissioner in his finding in Para 35. The appellants have reiterated again and again that they have not received the additional consideration towards the supplies of impugned goods made, but it was as a liquidated damages....