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1991 (7) TMI 109 - SC - Central ExciseWhether assessable value of the article is different from the consideration received by the appellants to claim benefit under Notification 120/75 as held by Tribunal? Held that:- the Tribunal fell into an error in its understanding of the notification. The Notification posits and predicates the possibility that the "invoice-value" could be lesser than the "assessable-value" and, taking into account the need to mitigate the hardship on the manufacturer of being called upon to pay duty on the value in excess of the invoice value, seeks to exempt the manufacturer from payment of duty "in excess of the duty" calculated on the basis of the "invoice price". Allow these appeals; set aside the order of the authorities as well as the affirming order of the authorities as well as the affirming order of the Tribunal under appeal and hold that the appellant was entitled under the said Notification No. 120/75-C.E. to exemption from that part of the duty as was in excess of the invoice-price which, we hold, was not required to include the value of the "wheel-sets".
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