2000 (12) TMI 150

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....(T) (Oral)]. - The issue in this case is as to whether appellant was liable to excise duty on the 'bonus amount' received from Visakhapatnam Steel Plant (VSP) and Bhilai Steel Plant (BSP) in the context of supply of refractory bricks and lining material. 2. The Steel Plants place purchase orders on the appellant at fixed prices for certain types of bricks and refractory lining material for whic....

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....uaranteed and if the performance of the ladle is fairly good, i.e. if the refractory brick and refractory materials would sustain the required minimum number of heats, bonus and the entire sale consideration would be paid and if the performance and operations of the ladle management is defective or inadequate i.e. if it does not last the minimum required heats, then penalty would be levied on the ....

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....GAT). We are in total agreement with the decisions arrived at by the learned Bench. Respectfully following the ratio therein, we set aside the demand made by the learned Commissioner against the appellants on bonus paid for ladle management and penalty imposed under Section 11AC and/or interest under Section 11AB, penalty under Rule 173Q of the Central Excise Rules, 1944, penalty under Rules 173C,....