9911796707
TMI Blog1984 (9) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... e First Schedule to the Act. In or about January 1980 the Company filed 19 price lists in respect of the various aforesaid products. In the said price lists, the Company deducted from the wholesale price, what according to it, were post-manufacturing expenses viz., sales office expenses, advertisement and publicity expenses, interest on borrowings, administrative overheads allocable to sales and marketing activities and also outer packing charges i.e. packing in addition to primary packing and which packing, according to the Company, constituted secondary packing. Subsequent to the filing of these 19 price lists, the Company filed further 72 price lists. In these price lists also the Company deducted from the wholesale price the amounts rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acking charges for the period 26th August 1980 till 31st March 1981. And from 1st April 1981 the Company commenced paying under protest duty on the wholesale price without deducting therefrom the post-manufacturing, costs and expenses or the outer packing charges. 5. Against the above order dated 2nd April 1981 the Company preferred appeal before the Collector of Central Excise (Appeals) and requested for stay pending hearing thereof. Stay was, however, not granted. The appeal is pending. In the meanwhile, the Company has filed this petition challenging the legality and validity of the order dated 2nd April 1981 (Exhibit E) as also the order dated 25th August 1982 (Exhibit H) refusing stay. 6. Mr. Bharucha, learned Counsel for the Compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the amount of Rs. 13,65,762.60 which is the amount supra retained by the Company pending decision of this Court on the question of taxes, the balance is Rs. 8,43,274.78. This balance the Company is liable to pay over to the excise authorities which they should do latest by 31st October 1984. It is, however, clarified that in the event of the excise authorities Finding the aforesaid quantum of taxes viz., Rs. 5,22,487.82 (relief in which behalf has been granted to the Company by this judgment) to be more than the actual or the real quantum, in respect whereof the Company is entitled to relief, the respondents will be at liberty latest till 10th December 1984 to apply to and move this Court for rectification. This liberty will lapse therea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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