2000 (10) TMI 623

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..... er per : Gowri Shankar, Member (T)]. - The respondent to this appeal, inter alia manufactured and cleared erythromycin on payment of duty. The respondent was selling this substance at the maximum price fixed for sale under the Drug Price (Control) Order, 1987 (DPCO). 2. On 30-9-1991 the maximum price fixed under the DPCO for the bulk drug was increased by notification. This notification howe .....

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..... t the maximum price specified and not at a price lower than the maximum. The Commissioner (Appeals) accepted this contention and held that the assessable value should be at the price at which the assessee sold the goods. This is appealed by the Department. 5. The ground in the appeal is a reiteration of the ground in the show cause notice, that the maximum price fixed should be deemed to be the .....

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..... n could not be said that this maximum price should be considered to be the deemed price. The object of this fixing the maximum price under any law is evidently to ensure that the ultimate consumer does not have to bear a burden higher than that prescribed. This object would be served, and in fact better served, if the goods are sold below this maximum fixed price. 6. We therefore see no reason t .....

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