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2004 (10) TMI 134 - CESTAT, NEW DELHIExtract: ....... effect that each sale had negotiation involved and based on this negotiation, a price is stipulated under a contract between the buyer and the appellants and therefore, it cannot be stated that the factory gate price is ascertainable as was in the case of Indian Oxygen Ltd. (supra). We, therefore, set aside the impugned order and allow the appeal.
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