1995 (8) TMI 162

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..... ondent. [Order per : Shiben K. Dhar, Member (T)]. - This Revenue Appeal is directed against the Order-in-Appeal No. 261/83, dated 29-9-1983 of Collector of Central Excise (Appeals). 2.  The issue relates to assessable value under Notification No. 161/66, dated 8-10-1966 which permits a discount of 25% from the retail price of medicines. 3. Arguing for the Revenue, the Ld. D.R. submi .....

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..... , stating that interpretation placed by Revenue on Notification No. 161/66 is not sustainable. Notification provides that Patents and Proprietary medicines are exempt from so much of the duty of excise leviable on them as is in excess of the duty calculated on the basis of : (1) The value arrived at after allowing a discount of 10% on the prices specified in the price list referred to in Par .....

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..... o the Ministry of Petroleum and Chemicals. The Retail Price of Rs. 3.00 per strip was prominently printed on each strip of the impugned goods and the fact that the goods in question were sold in retail at prices which never exceeded Rs. 3.00 per strip was amply demonstrated by them through affidavits filed with the Appeal Petition decided by the Collector (Appeals) in their favour. So long as ther .....

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