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2016 (11) TMI 350 - CESTAT MUMBAI

2016 (11) TMI 350 - CESTAT MUMBAI - TMI - Valuation - modification of price list - declared value - comparable price - Held that: - there is nothing erroneous on the part of the appellants to discharge the duty liability on the price of the goods cleared by them as per the instructions of Elder Pharmaceuticals who had contracted with Indian Railways for supply of medicines. The medicines were supplied based upon the contract during 16.01.2000 to 30.08.2000 when transaction value was in force exc .....

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ed at the lower rate to the purchasers - demand of duty not sustainable - appeal allowed - decided in favor of appellant. - Appeal No. E/3886, 3887/05 - ORDER No. A/89440-89441/16/EB - Dated:- 19-8-2016 - Mr. M.V. Ravindran, Member (Judicial) and Mr. C.J. Mathew, Member (Technical) Shri Gajendra Jain, Advocate, for appellant Shri V.K. Shastri, Asst. Commr (AR), for respondent Per: M.V. Ravindran These two appeals filed by the appellants are directed against Order-in-Appeal No. BR/221 & 222/T .....

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ticals. M/s Elder Pharmaceuticals had supplied these P & P medicaments to the Indian Railways on contracted price. It is the case of the Revenue that the main appellant has to discharge the duty liability on the assessable value of the comparable price sold to Elder Pharmaceuticals in the retail chain. Both the lower authorities held that the appellant should have filed price declaration for such type of clearance made by them to Indian Railways etc., and this is a procedure lapse; after com .....

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