9911796707
TMI Blog2000 (8) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... s indicated in the price bid made by it, at the rate of 18% or 16%. 2.For adjudication of this case, a brief reference to the factual aspect would be necessary. Petitioner, a public limited company, is engaged in the manufacture of Polyethylene insulated Jelly Filled (PIJF) cables. In response to an advertisement for supply, inter alia, of PIJF cables, petitioner participated in the tender and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntly, the rate was changed in the Union Budget for 1999-2000 and the rate was fixed at 16% w.e.f. 28-2-1999. 3.In the aforesaid undisputed background, petitioner's case is that after goods had left its godown/premises for delivery to the respondent's place of delivery, the old rate of 18% was applicable and was liable to be paid by the respondent in terms of price list. 4.Learned Counsel for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hedule of Requirements and special conditions of contract and the goods shall remain at the risk of the Supplier until delivery has been completed. The delivery of the equipment shall be to the ultimate consignee as given in the purchase order." Prices are indicated in Clause 12.1 and the same reads as follows : 12.1(i)(b) in the case of revision of statutory levies/taxes during the supply per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner is asked to pay duty at a particular rate because of the factual position that goods have left its godown/premises. Purchaser cannot take advantage in the reduction of rate. That is impossible because the price is quoted exclusive of Excise Duty which the contractor has to pay. Payment of lesser amount on account of reduction in duty while getting the quoted amount from the purchaser would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Our conclusion would be applicable in respect of those goods which have left the premises of the petitioner on or before 28-2-1999. Petitioner will be required to furnish proof of these factual aspects before the respondent to be entitled to receive Excise Duty @ 18%. Circular dated 31-8-1998 has to be read in that line. Even though the Counsel for the petitioner states that there is some element ..... X X X X Extracts X X X X X X X X Extracts X X X X
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