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1988 Supreme(SC) 460

S.RANGANATHAN, SABYASACHI MUKHARJEE
Indian Oxygen LTD. – Appellant
Versus
Collector Of Central Excise – Respondent


Advocates:
Indu Malhotra, N.M.POPLI, NISHA BAGCHI, P.P.Rao, S.GANESH RAO, SOLI J.SORABJI, V.J.Francis

Judgment

SABYASACHI MUKHARJI, J. These are appeals under S. 35L(b) of the Central Excises & Salt Act, 1944 (hereinafter called the Act).

2. The appellant manufactures compressed Oxygen and dissolved acetylene falling under tariff item No. 14H of the First Schedule of the Act as it stood at the relevant time. The appellant had received show-cause notice in respect of the period from 1-1-1984 to 31-1-1984 and also five other show-cause notices for different period, in respect of the price lists submitted by the appellant seeking approval of the price list of gases in question. It was found by the Tribunal that the appellant manufactures and sells oxygen and D.A. Gases. These are sold from the factory of the appellant at Visakhapatanam and from their depot/service centres at Vijayawada. Rajamundry, Vadlapudi Jeypore and Damanjodi. They sell their produce to Government undertakings as per the rates determined by DGS & D, New Delhi. In respect of other buyers the appellant sell their product at various prices on slab basis. It is stated that the slab basis is related to what the manufacturers call a quantitative discount. According to the Tribunal, the revenue had undertaken verification

















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