2000 (10) TMI 623

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..... ora, Chartered Accountant, for the Respondent. [Order 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 .....

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..... ion 4 of the Act would apply to it only if it sold the goods at 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 caus .....

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..... he law by selling the goods at the price below the maximum. It then 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 .....

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