TMI Blog1996 (5) TMI 259X X X X Extracts X X X X X X X X Extracts X X X X ..... 8th October, 1966, the Central Government hereby exempts Patent [or] Proprietary Medicines falling under Item No. 14E of the First Schedule to the Central Excises and Salt Act, 1944 (1 of 1944), from so much of the duty of excise leviable thereon under the said Act at the rate specified in the said First Schedule as is in excess of the amount of duty calculated on the basis of the value of the said medicines arrived at after allowing a discount of 15 per cent on the retail price of the said medicines specified in the price list referred to in paragraph 19 of the Drugs (Prices Control) Order, 1979, issued under section 3 of the Essential Commodities Act, 1955 (10 of 1955) : Provided that the aforesaid exemption shall be allowed only if - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t for adjournment. Since the issue falls in a short compass we have taken up the appeal for disposal on merits. 3. The learned JDR Shri Arulswamy pleaded that in the present case the appellants had filed price lists separately for M/s. John Wyeth (India) Ltd. a loan licencee claiming the benefit of Notification [245/83]. While in respect of the medicines manufactured by them they had filed Part I price list claiming abatement as set out under Section 4. He has pleaded that the learned lower authority has held that in respect of medicines manufactured by them they themselves also should have availed of the benefit of notification. They should have got the assessment done based on the price arrived at in terms of Notification 245/83 and for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dition as per Para (iii) of the proviso is that the appellants would be eligible to avail this notification only if they claim the benefit in respect of all the medicines manufactured and cleared by them which figure in the price lists as issued under the Price Control Order. If an assessee does not claim the benefit for all their medicines figuring in that list and opts to claim benefit only in respect of some of the goods figuring in the list and while for others figuring in the said list they opt for assessment under Section 4, the authorities can refuse the appellant s plea for approval of the price list filed in terms of Notification 245/83 for the reason that they had not opted for this notification for all the goods which were fallin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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