1986 (9) TMI 90

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....petition in which the petitioner No. 1, Company, which deals in manufacture of various types of paper has claimed that the benefit of exemption from the excise duty under the Notification, dated 18-6-1977 must go to the petitioner No. 1 Company although in the value of the product charged to the customers full excise duty is included. After the petitioner Company availed of the benefit of exemptio....

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....-6-1977 without passing the same to the customers stands concluded by the two judgments of this Court. The first judgment is of the learned single Judge of this Court in the case of B.K. Paper Mills Pvt. Ltd. v. Union of India and others [1984 (18) E.L.T. 701 (Bom.)]. The view taken by the learned Single Judge is approved and followed by a Division Bench of this Court (Nagpur Bench) in a group of ....

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....t from 1-10-1975. In view of the above Explanation, the position is no more in doubt. The assessable value upon which the excise duty will be levied would be the value as per the price list submitted by the company excluding the effective duty which means the duty which is prescribed under the Act minus the exemption granted in regard to the same. In view of the above decisions of this Court, the ....