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TMI Blog2002 (5) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... Gowri Shankar, Member (T)]. Appeal taken up for disposal after waiving deposit with consent. 2. Notice issued to the appellant demanded duty on the medicament Conaz tablets cleared by it between 10-7-1996 and 19-10-1996. The basis for the duty was that the price of the product for sale to its dealers had been indicated by the appellant in its price list effective from 8-7-96 to be reduced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vated the reduction in price that reduction cannot be accepted. We are unable to endorse this logic. All these factors appear to us to be facets of the basic claim that there was competition in the market, and due evidently the presence of such similar products. The price of such product may be lower than the appellant's product because of such factor like adoption of more new technology. However, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here was in reality no reduction in price and the claimed reduction was only a facade to evade duty. In the absence of such a conclusion, the reduction in price is by itself insufficient to hold that value based on such reduced price is unacceptable. There was therefore no basis whatever for demanding the duty. 4. The appeal is accordingly allowed and the impugned order set aside. - - TaxTMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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