2009 (4) TMI 758

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..... Order]. Heard both sides. 2. This is a case where the Respondents supplied explosives to several subsidiaries of Coal India Ltd., a Public Sector Company. The explosives were supplied under a contract valid till 30-6-2002. The present case relates to the period after the contract had lapsed. In view of the fact that a new contract was under negotiation and took time to be finalized, the Re .....

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..... initially and therefore the impugned order passed by the lower appellate Authority to the contrary is bad in law and requires to be modified. 4. Shri S.N. Sihha Mahapatra, learned Advocate appearing on behalf of the Respondents states that the issue of credit notes was only a paper formality, as the subsidiary units of the Public Sector Company have actually themselves recovered the difference i .....

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..... ts are valid. Since the contract was under negotiation and the final price was not determined, the assessments were obviously provisional as they could not be finalized in the absence of a final contract. Moreover, I find from the certificates given by the buyers, the extra duty paid provisionally have been adjusted and recovered by the buyers themselves from the Respondents. Hence by no stretch o .....

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