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TMI Blog2001 (1) TMI 407X X X X Extracts X X X X X X X X Extracts X X X X ..... edharan, President]. When application for stay E/S/1976/2000-A came up for order we heard ld. Counsel representing the appellant and the DR on merits of the appeal. On the facts and circumstances of this case we are disposing of the appeal instead of passing any order on the stay application. 2. Appellant is a sugar mill. They sell molasses to distilleries. During the period April 1995 to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Authority, namely, the Commissioner (Appeals) proceeded on the basis of proviso (ii) to Section 4(1)(a) of the Central Excise Act to find the actual value of molasses cleared by the appellant. Proviso (ii) to Section 4(1)(a) reads : - Where such goods are sold by the assessee in the course of wholesale trade for delivery at the time and place of removal at a price fixed under any law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Chief Minister of Punjab. The minutes of a meeting where Chief Minister was present cannot be taken as decision for fixation of the price of molasses under law. In the absence of such fixation of price of molasses under law, Commissioner was clearly in error in holding that the price of molasses was Rs. 300/- per qntl. It is worthwhile to note that neither the Adjudicating Authority nor the App ..... X X X X Extracts X X X X X X X X Extracts X X X X
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