1997 (2) TMI 215

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..... ellant is absent in spite of notice of hearing but has sent a request for disposal of the appeal on merits. We have heard Shri K. Srivastava, SDR and perused the papers. 2. Appellant engaged in the manufacture of Enamelled Copper Winding Wires falling under Heading 85.44 of the Schedule to CETA, 1975 uses primary copper imported through M.M.T.C. as raw material. C.V. duty having been paid on the .....

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..... er Section 4(1)(b) of the Central Excise Act, 1944 and not under Section 4(1)(a) of the Act as in the case at hand. The Larger Bench considered two earlier decisions of the Tribunal where valuation was under Section 4(1)(a) of the Act, namely, Incab Industries - 1990 (45) E.L.T. 342 and Atic Industries Ltd. - 1992 (62) E.L.T. 321 and pointed out that the decision in both the cases was to the effec .....

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..... hemselves required such benefit to be passed on to the buyers and that the buyers had even subsequently demanded so. The question is not so much whether contract provides for such passing on the benefit or whether there is subsequent demand; the question is whether price had been reduced to any extent on account of enjoyment of the benefit of Modvat credit. If so, the reduced price should form the .....

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