2002 (1) TMI 193

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..... . This was done on granting wavier of pre-deposit of duty of Rs. 5,88,295.38 and penalty of Rs. 1,00,000/-. 2. The demand is made on 3 counts. 3. The assessee were supplying certain goods the GSFC under contract. The buyers later reduced unit value of the goods with retrospective effect. Therefore, the total income was reduced. The burden of duty however, remained at the earlier higher price. .....

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..... ess it as per law. 5. The second count of duty of Rs. 3,43,164.60 is on the ground that credit could not be taken of the duty paid of the goods, which goods were eligible for clearance without payment of duty. I find that in a number of judgments, the Tribunal has held that exemption could be forced upon the assessee and that he is competent to pay duty even the face of an exemption notification .....

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