2002 (1) TMI 346

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..... ocate, for the Respondent. [Order per : Justice K.K. Usha, President]. -  Challenge by the Revenue in this appeal is against the common order passed by the Commissioner (Appeals) in order in appeal Nos. 1542-43/CE/CHD/2000, dated 30-10-2000. The respondent was supplying ACSR Zebra Conductors to Punjab Electricity Board (PSEB) against purchase order dated 8-7-88. As per a clause of the purch .....

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..... (Appeals) who passed the impugned order. 2. At the time when this Tribunal considered the matter on the earlier occasion, the contract between the parties were not available for consideration. Therefore, when the matter was remanded to the Commissioner (Appeals) for considering such materials before passing orders, the Commissioner after examining the purchase order-cum-contract agreement an .....

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..... the buyer, the escalation clause becomes redundant. 3. We have heard the learned SDR as well as the learned Counsel for the respondent. 4. When the price is agreed upon between the parties it will be open to the parties to the agreement to modify the rate. In the present case in spite of the escalation clause the Board was not agreeable for modifying the price. The respondent also agre .....

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