TMI Blog2001 (1) TMI 509X X X X Extracts X X X X X X X X Extracts X X X X ..... actory gate price which are available in these cases have to be accepted as the price which is relevant for purpose of valuation under the Central Excise Act. 2. The assessee respondents manufactured polyester filament yarn. They filed various price lists claiming abatement in respect of freight, octroi, insurance, sales tax, trade discount etc. They sold goods both at factory gate as well as at their depot. A show cause notice dated 27-5-1997 was issued whereunder the department sought to claim short duty of Rs. 1,65,39,278/- and Rs. 1,79,409/- on polyester filament yarn cleared to different depots by them during July, 1995 to September, 1995. The points for our decision was as to the acceptance of the factory gate pass as against depot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he show cause notice. Ground no. 1 taken in the appeal is that the case has been made against the assessees for the first time in the grounds of appeal before the Tribunal. During the course of the argument reference was made to the judgment of the Supreme Court in the case of G.O.I. v. Madras Rubber Factory Ltd., 1995 (77) E.L.T. 433. 4. We have considered the rival submissions. Where there are the existence of factory gate prices and depot prices it has been held by the Supreme Court in the case of Indian Oxygen (supra) that factory gate price will only be relevant irrespective of the fact about the percentage of sales made in depot and factory gate. As long as there is the existence of factory gate price that alone will be taken into c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 98 involving Central Excise duty of Rs. 19,01,134/- were placed under seizure as the said goods belonging to M/s. Tata Telecom Ltd. were stored in the Premises of M/s. Trans India Network Systems Ltd. in contravention of Rule 57F of Central Excise Rules, 1944 under reasonable belief the same inputs/semi-finished goods were liable to confiscation. The goods so seized were handed over for safe custody to Shri D.C. Joshi, authorised person from M/s. Tata Telecom Ltd. under supratnama dated 24-3-1998. It has been clarified during the course of arguments that provisional assessment has since been finalised by the order of the Assistant Commissioner made on 1-5-1997, therefore the show cause notice issued is not being doubted by the assessee r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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