1999 (9) TMI 201

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..... n, Vice President]. We have heard both the sides. The department has increased the value of the goods manufactured by the appellants on the basis of the selling prices at depots after allowing discounts and the transport expenses, insurance expenses and taxes. It is admitted to the department in the show cause notice itself that the sales at factory gate are about 2 to 3 per cent. It is also .....

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..... pears to have inferred that the factory gate prices are not genuine and the depot prices therefore would form the basis of assessable value. We are afraid that this approach of the adjudicating authority is not correct in view of the Apex Court s judgment in the case of Indian Oxygen Ltd. [1988 (36) E.L.T. 723]. He submits on that basis the earlier case was decided. Mere statements of two dealers .....

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