2003 (3) TMI 100

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....ned Counsel for the parties. 2.In this appeal against the Final Order No. 601 of 1995-A of Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi (for short, 'the Tribunal') in Appeal No. E/1745/83-A, dated 3-11-1995, the only point that arises for our consideration is : whether the Tribunal is right in reversing the order of the Assistant Collector as confirmed by the Collector. 3.T....

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....where the buyer is not a related person and the price is the sole consideration for the sale : Provided that -        xxx                   xxx (b)        where the normal price of such goods is not ascertainable for the reason that such g....

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....at section, be deemed to be normal price at which such goods are ordinarily sold by the assessee to a buyer in the course of wholesale trade for delivery at the time and place of removal provided that the buyer is not a related person and the price is the sole consideration for the sale. It is not in dispute that the buyer is not a related person and the price is the sole consideration for sale. I....

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....by the order impugned in the appeal before us by the Revenue. 5.A perusal of the show cause notice shows that it does not contain an allegation that the wholesale price to the buyers was for consideration other than the one at which it purported to be sold or that it was not at arms length. There is also no allegation that there was any flowback of the money from the buyer to the assessee. In t....