TMI Blog2017 (8) TMI 1042X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned transactions had been issued with licences for import of raw materials for use in the manufacture of export products, and instead of procuring from abroad, opted to source them from respondent. Needless to say, the licence, being rendered superfluous, was liable to be invalidated and the privilege of duty-free import by the licence holder no longer available. There is no evidence to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndition for such procurement. It is the contention of the appellant-Commissioner that the price was lower than that charged from other buyers who were not similarly situated. While the original authority had confirmed demand of ₹ 29,74,609/- arising thereon and imposed penalty of like amount under rule 25 of the Central Excise Rules 2002 read with section 11AC of Central Excise Act, 1944, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , has held that a benefit that takes advantage of policies of the Government in relation to a transaction would have to be included as additional consideration. The case of the appellant-Commissioner is that the assessee had cited the decision of the Tribunal in IFGL Refractories Ltd. v. Commissioner of Central Excise, Bhubaneswar - II [2001 (134) ELT 230 (Tri-Kolkata)] which had held that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d transactions had been issued with licences for import of raw materials for use in the manufacture of export products, and instead of procuring from abroad, opted to source them from respondent. Needless to say, the licence, being rendered superfluous, was liable to be invalidated and the privilege of duty-free import by the licence holder no longer available. There is no evidence to arrive at th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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