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COMMISSIONER OF CENTRAL EXCISE DELHI Versus M/s. GTC INDUSTRIES LTD.

2015 (10) TMI 1044 - SUPREME COURT

Benefit of a concessional rate of central excise duty - Notification No. 201/85 dated 2nd September, 1995 and Notification No.78/86 dated 10th February, 1986 - Held that:- Tribunal in an exhaustive judgment dated 9th December, 2005 after setting out the terms of the Notification No. 11/83 dated 1st March, 1983 as amended by the Notification No. 78/86 dated 10th February, 1986 ultimately found that the product of the respondents were correctly classifiable under sub-paragraph 2 of the table in th .....

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vs. Commissioner of Central Excise, New Delhi & Anr.[ 2004 (9) TMI 103 - SUPREME COURT OF INDIA] and found that on a reading of the said judgment, the alternative submission of the respondent was also made out. We do not find any error in the said judgment either on fact or on law. - Decided against Revenue. - Civil Appeal No(s). 5617/2006 - Dated:- 16-9-2015 - MR. A.K. SIKRI And MR. ROHINTON FALI NARIMAN, JJ For the Petitioner : Mr. P.S. Narasimha, ASG, Mr. K. Radhakrishnan, Sr. Adv., Ms. Shiri .....

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espondent herein, had been claiming the benefit of a concessional rate of central excise duty during the different periods mentioned in the show cause notices under Notification No. 201/85 dated 2nd September, 1995 and Notification No.78/86 dated 10th February, 1986 on Golden's Style Filter King brand of cigarettes. While sending samples of the packets of cigarettes of the said brand for approval by the Central Excise Authorities, the appellants have declared the maximum retail price ₹ .....

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the invoices was being collected in respect of sale of various brands of cigarettes and extra amount so collected was passed on to the retailers and wholesale dealers and subsequently in cash to the persons described as Super Buyers who were large wholesale purchasers. The learned Collector ultimately found on facts that the Department's case was made out by statements of as many as 44 witnesses who were ultimately cross-examined by M/s. GTC Industries Ltd.. These statements were taken from .....

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e after the Tribunal went into the standards terms and conditions of the business with the wholesale buyers and after appreciating the witness statements made and particularly retractions made from the said statements in cross-examination. Ultimately, it held as under: As regards security deposit scheme, we note that even after full deposit has been made to GTC towards sale of goods by super buyers the profit of the super buyer cannot be calculated directly in terms of deposit made in excess. Th .....

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