2002 (6) TMI 78

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..... Usha, President]. - It is an application for modification of the interim order passed by this Tribunal vide Stay Order No. 63/2002-A, dated 7-3-2002 directing the applicant to deposit an amount of Rs. 50 lakhs towards the duty amount. The applicant submits that the issue involved in the present case is dealt with in a Circular No. 625/16/2002-CX., dated 28-2-2002 issued by the Central Board of E....

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....n bulk to the Telephone Department, who in turn provide these instruments to their customers. There is no retail sales involved in this transaction. Under these circumstances, the appellants would submit that provisions of Section 4 are to be applied in the matter of valuation of the telephone instruments supplied by them to the Telephone Department. Appellant places reliance on the clarification ....

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....tter was referred to the Ministry of Law, who have opined that valuation of telephone instruments supplied in bulk to telephone deptt. will be done as per Sec. 4 of the C.E. Act, 1944 and the instalments sold in the market, with printed MRP, would be assessed u/s 4A of the Act. The Ministry has accepted the opinion of the Law Ministry." 5. Ld. Departmental Representative would submit that....

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....he Court or statutory provision. Revenue cannot challenge the position taken in the Circular even though it is open to challenge in the hands of the assessee. Following decisions of the Supreme Court are on the same issue. Paper Products Ltd. v. CCE reported in [1999 (112) E.L.T. 765 (S.C.)] and CCE, Vadodara v. Dhiren Chemical Industries reported in [2002 (139) E.L.T. 3]. In the light of the bind....