TMI Blog2001 (6) TMI 770X X X X Extracts X X X X X X X X Extracts X X X X ..... Shankar, Member (T)]. Ms. Priya Ranade, advocate, who represents the appellant stated that there was no Vakalatnama issued in her name and that she had been briefed by R.G. Sheth Co, which is authorised by the appellant. We pointed out to her that the law requires that the person who represents the appellant before us should have to be authorised unless there was some provision and that we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essable value based on this revision and submitted a price declaration. Notice was issued to it proposing to determine the assessable value of the goods under Clause (ii) of the proviso under Clause (a) of sub-section (1) of Section 4 of the Act, which reads as follows : (ii) where such goods are sold by the assessee in the course of wholesale trade for delivery at the time and place of removal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Drug (Prices Control) Order, 1987 to the value, but says that the discount permissible in terms of 15% of the retail price in terms of Notification 245/83 should be granted. 4. We have reproduced the relevant provision of law under which the price has been fixed. Since the order under the Drug (Prices Control) Order has fixed the retail price and not wholesale price, it is not possible for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 245/83. He concludes that discount of 15% would be admissible from the retail price and disallowed the other discounts totalling 22.5% that the assessee had claimed. The exemption contained in Notification 245/83 subject to the assessee fulfilling the three conditions contained therein, that no other deduction of discount was claimed, such retail price is allowed, and the price list revised reta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... determine this, the matter will have to be remanded to the Assistant Commissioner. 7. The appeal is accordingly allowed and the impugned order set aside. The Assistant Commissioner shall, after considering the representation that the appellant may make within two months from the receipt of this order, and giving it an opportunity of being heard, pass orders on the price declaration in accordance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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