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TMI Blog1995 (10) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... stice U.L. Bhat, President]. The short dispute in this appeal is whether there was an ex-factory price for ignition coils manufactured and sold by the assessee. The period to which the specific dispute arises is 1979-80. The assessee was selling the manufactured goods to two sets of persons, namely, two concerns at the price shown in the price list less 35 per cent at factory gate and to sma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt discount being granted to the other dealers at the depot. The Tribunal held against the finding that the two companies are related persons . The Tribunal also raised the question whether the price at which the goods were sold to the two companies should be treated as factory gate price and therefore assessable in respect of depot sales also. The Tribunal observed as follows :- We, therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 3. The Assistant Collector after remand issued a show cause notice and after hearing the assessee held that since the bulk of the manufactured goods were sold at the depot at price list price less 25 per cent, that alone should be regarded as ex-factory price. The Collector (Appeals) took a slightly different course and held that the extra discount that is being given to two main dealers is ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r at the price list price less 25 per cent. Since the contention that the two main dealers are related persons is no longer available, the price list submitted by the assessee has to be looked into. That price list specifically shows that the price chargeable to the two main dealers was the price shown in the price list less 35 per cent. It is open to the manufacturer to offer, for relevant reas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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