1996 (11) TMI 218

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..... )]. In this case, the appellants were supplying the goods to TNEB and in the contract there was a price variation clause to the effect that if the price of the inputs in question are increased or decreased then to that extent the price will be affected while they were being supplied to the TNEB. In this case, in view of this variation clause, there was ultimately a negotiation between the ap .....

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..... s that the amounts actually realised after the price escalation is the part of the price payable and alone forms the part of assessable value. 3. But the learned DR, on the other hand, relied on the decision of this Tribunal in the case of M/s. Best Crompton Engg. Ltd. in Order No. SB/77/95. He pointed out that in that particular case, the Tribunal held that the appellant would be liable to pa .....

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..... ct. In this particular case, as per the escalation clause, there was already a settlement reached between the appellant and the TNEB and in terms of that settlement appellants have also received certain amounts and those amounts were added to the assessable value and duty had also been paid. Therefore, the decision relied on by the learned representative applies to the facts of this case. Followin .....

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