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1992 (3) TMI 72

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....e Indian Companies Act, 1956 and is having its registered office at Mount Road. The petitioner has its factory at Avadi, Madras and has been carrying on business in the manufacture of brake linings and clutch facings for automotive and non-automotive parts having technical collaboration with Abex Corporation of U.S.A. The petitioner submitted a price list under Rule 173C of the Central Excise Rule....

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....hich the said dealers sold the products to others. The petitioner company submitted its explanation to the show cause notice. The Collector of Central Excise, the second respondent herein, dropped the show cause notice and directed that the assessable value will be based on the price at which the company sells the products to their wholesale dealers. Accordingly, the petitioner company was charged....

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....nufactured. The petitioner has been following the same procedure which it has been following in Madras. During the course of verification of the invoices and debit notes raised from the petitioner, it was noticed that the assessee had not passed on the 33% discount as approved in the Part I price list, from time to time by the Assistant Collector of Central Excise, Virudhunagar, but they have pass....

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....e extended period under proviso to Section 11A(1) of the Central Excises and Salt Act, 1944 as amended inasmuch as they have wilfully suppressed the fact of not allowing the 33% discount and allowing only 25% discount to the wholesale dealers. The petitioner submitted their explanation. However, the Collector of Central Excise the second respondent herein by the impugned order dated 21-12-1988 dir....