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    Collector Of Central Excise & Customs v. P.M.P Components Ltd. .

    Order

    1. The issue raised in this appeal is where there are different prices for different dealers of the same class of buyers by way of commercial consideration whether such prices cannot be rejected. The identical issue had already been decided in favour of the assessee by the Tribunal in Gora Mal Hari Ram Ltd. v. CCE (1994) 69 ELT 269 (cegat). Although a submission was raised before the Tribunal which was minded to follow the decision in Gora Mal Hari Ram Ltd. (1994) 69 ELT 269 (cegat) that the decision had been challenged before this Court, it appears that this was an incorrect submission. The Department has in fact accepted the decision in Gora Mal Hari Ram Ltd. (1994) 69 ELT 269 (cegat) and has not impugned the same. The Tribunal having merely relied upon the decision in Gora Mal Hari Ram Ltd. (1994) 69 ELT 269 (cegat) we see no reason to interfere with the decision of the Tribunal.

    2. The appeal is dismissed.

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    Collector Of Central Excise & Customs v. P.M.P Components Ltd. .
    (Feb 10, 2005)