2001 (8) TMI 154

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....Revenue appeal is against the Order-in-Original No. 32/96 dated 19-8-1996 by which the Commissioner has dropped the demands raised in the show cause notice to an extent of Rs. 7.30 lacs under proviso of Section 11A(1) of the Central Excises Act. The allegation made in the show cause notice was that the assessee had wilfully suppressed the fact of receipt of extra money consideration of Rs. 29.20 l....

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.... of Rs. 10 lacs was paid on 12-5-1993 and the balance was to be paid in instalments on or before 15-9-1993. The paras 8 to 10 of original order are extracted below : "8. On merit, in the case of Fresh Springs [1991 E.L.T. 333 (T)], the Tribunal has held that compensation for non-performance may be an income or profit but cannot be treated as the price for the goods. In this regard they relied u....

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....cleared. Hence, it is not possible to allocate the quantum of compensation to a particular quantity of the magnetos to how much was the additional consideration on each magneto. 10. In view of the above, there is no case for treating the amount of Rs. 29.20 as additional consideration on the magnetos supplied by Hawk to TVS. Since Hawk did not suppress any material information from the Departme....