TMI Blog1981 (7) TMI 239X X X X Extracts X X X X X X X X Extracts X X X X ..... course of personal hearing and have examined the records of the case. 2. Facts of the case are that the applicants cleared their product falling under Tariff Item 68 and paid duty on the basis of the prices shown on the invoices as provided in the Notification No. 120/75, dated 30-4-1975. The lower authorities did not allow this assessments on the ground that M/s. Bharat Associated Industry to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proviso (iv) to that notification. 3.2. Shri Mukherjee argued that the lower authorities had erred in the first instance in holding that majority of the sales were made by the applicants to their partnership firm. The fact was that only about 40% of the total production was sold to Bharat Associated Industry, the rest being sold to independent buyers. The more important thing according to him w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sales, say upto 80% or so were made by the Applicants firm to M/s. Bharat Associated Industry, the assessable value could not be any different from the invoice value because the price at which the goods were sold to M/s. Bharat Associated Industry was no different from the prices at which these goods were sold to other buyers. 4. Government see considerable force in the applicants above argum ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
