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2015 (11) TMI 893

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....i M.S. Negi, AR, for the Department. Shri Balbir Singh with Rupender Singh, Advocates, for the Assessee. ORDER These are appeals preferred by Revenue and the assessee respectively. Excise Appeal No. 3210/2004 is preferred by Revenue against the Appellate order dated 29-3-2004 while Excise Appeal No. 1016/2005 is by the assessee who is the respondent in Revenue's appeal. This appeal is pre....

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....ed that wherever the assessee, as per terms of the contract between the parties and on account of delay in delivery of manufactured goods, is liable to pay a lesser amount than the generically agreed price as a result of a clause stipulating variation in the price, on account of liability to ''liquidated damages'', irrespective of whether the clause is titled ''penalty'' or ''liquidated damages'',....