TMI Blog1997 (6) TMI 210X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Metal Box reported in 1995 (75) E.L.T. 449, the matter could be decided ex parte. 2. The ld. Advocate has pleaded that the appellants would have adduced arguments to distinguish the facts of their case if they had been given an opportunity to explain their position. He has therefore pleaded there has been a denial of principles of natural justice. 3. The ld. JDR has no objection to the remand of the matter. 4. We observe it goes without saying that the law laid down by the Hon ble Supreme Court has to be followed. But that is not to say that applicability of the ratio of the decision has not to be examined after taking into consideration the facts of each case. This can be done only after the appellants are given an oppor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. Collector of Central Excise - 1995 (75) E.L.T. 449 (S.C.). In that case the wholesaler was buying 90% of the total production and advancing huge amount free of interest and was obtaining 50% discount from the normal price. It was held that advance of huge amounts free of interest had necessarily entered into consideration between the parties leading to 50% discount being allowed. This was regarded as a special treatment to the wholesaler. It was further pointed out that in the absence of the advances, the manufacturer would have been required to borrow the amounts from Banks or the like on interest which materially would have got reflected in the price structure as it would be a part of cost of production to be passed on to the customers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the price charged. That being so, there was no extra consideration received, over and above the declared price. The lower authorities failed to consider any one of these aspects while finding that the price has to be loaded to the extent of the notional interest. The finding is accordingly set aside. 5. The issue therefore has to be examined after taking into consideration what has been held above by the Hon ble Supreme Court, Hon ble Madras High Court and the Tribunal. The ld. lower authority s orders therefore in the circumstances cannot be considered as proper and the same are set aside and the matters remanded to the said authority for de novo consideration and decision after allowing the appellants an opportunity of hearing and in ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
