9911796707
TMI Blog2000 (3) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... B. Nair, Member (T) [Order per : C.N.B. Nair, Member (T)]. - The order impugned in these appeals has demanded a duty of about Rs. 1.53 crores. The demand is with regard to glass sheets cleared by the appellants from their factory for the period July 1977 to June 1980. The order has been passed by the Commissioner on a review of order-in-original C.No. 4-Confl/P&I/80/Pt/I/53 dated 17th June, 1981 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eing approved from time to time after the Central Excise authorities being aware of the fact that the depot prices were higher than the prices at the factory level. The Assistant Collector held in the order that where ex-factory prices are available, the assessment to central excise duty was required to be done at those prices and the prices at depot level were not relevant. He also relied on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng considerable profit from their depot sales on account of making addition towards breakage etc. 4. Arguing the appeals, the learned counsel for the appellants submits that the demand raised in the present order is not legal at all inasmuch as it is settled law that once ex-factory prices are available, central excise duty is to be levied on those prices. In cases where goods are sold partly ex- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... full knowledge about the pattern of sale. Therefore, a finding of suppression of facts has no basis in the facts of this case. 5. We have perused the records and considered the submissions. It is settled law that where ex-factory prices are available, they should constitute the basis for assessment of all the goods to central excise duty. In the instant case, during the relevant period, the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the appellants cannot be charged with suppression of facts either. Accordingly, the demand of duty for the extended period was clearly beyond the provisions of Section 11A. 6. In view of the above discussions, the order has to be set aside on the basis of the demand being time-barred as well as on merits. We do so. The appeal is allowed with consequential relief, if any, to the appellants. 7. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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