2004 (7) TMI 202

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.... - Heard both sides. 2. Applicant filed this application for waiver of pre-deposit of duty of Rs. 5,09,95,645/- and penalty of the equivalent amount. In this case the duty was demanded in respect of the clearance to various dealers and consignment agents treating them as their agent. The contention of the applicant is that at the time of clearance from the factory, they were paying duty as per ....

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....val are cleared from the factory gate. To illustrate, if the factory is at Bombay and the storage depot is at Ahmedabad, then for a consignment meant for Ahmedabad Depot, cleared from Bombay factory on, say 1st January, the price at which an earlier consignment of goods of the same destination, is sold from Ahmedabad Depot on 1st January will be the basis for arriving at the assessable value of th....