Judgment

( 1 ) THIS appeal is against the order dated 1st May, 1998 passed by the Customs, Excise and Gold (Control) Appellate Tribunal (in short "cegat" ).

( 2 ) BRIEFLY stated the facts are as follows :- the respondent herein filed two price lists one bearing No. 29/p-II-TISCO/ 91-92 and another bearing No. 8/p-I1/t1sco/91-92. Both the price lists were in respect of Balls and Roller Bearings of various specifications. The first price list contained the prices at which the respondent-Company proposed to sell in the wholesale market. The second price list contained the prices at which they proposed to sell the same items to M/s. Tata Engineering and locomotive Company (in short "telco"), M/s. Tata Robins Frazer Ltd. and M/s. Stark Motors. In the second price list the price to M/s. Tata Robins frazer Ltd. and M/s. Stark Motors was shown to be the same as the wholesale price, however, the price to M/s. Tata Engineering and Locomotive Company was shown to be lower.

( 3 ) A show cause notice was issued to them as to why the prices to TELCO should not be fixed at the same price as in respect of the sale to the wholesale market and to the other two Companies.

( 4 ) THE appellant filed a r