ORDER
Shri G.A. Brahma Deva (Oral)
1. After hearing for some time with reference to stay petition filed by the assessee, we find that the matter itself can be disposed off on the limited issue. Accordingly amount required to be deposited for the purpose of hearing the appeal is dispensed with and appeal was taken up for regular hearing with the consent of both sides.
2. Shri Rama Subramanyan, Advocate appearing for the appellants submitted that the issue relates to valuation. Refferring to the invoice at Page 30 of the Paper Book, he submitted that the appellants have claimed abatement of excise duty, by mistake it was shown as a discount @13.8%. Infact this is not a discount but an abatement of excise duty but the Department has proceeded to pass an order as if it is only a discount.
3. Shri Thomas, DR appearing for the Revenue submitted that since the amount as such was shown as discount in the invoice, Department was right in passing the order treating the amount as discount.
4. We have carefully considered the matter and on going through the impugned Order, we find that there is a factual discrepancy in arriving at the conclusion with reference to the determination of valuation. Shri Rama Subramayan appearing for the appellants filed a detailed chart to substantiate his claim that what the appellant have claimed was only abatement of excise duty and not discount. He fairly conceded that the detailed chart placed before us was not before the authorities below. In the facts and circumstances, in view of the submissions made by both sides, we are of the view that this matter will have to go back for reconsideration. In the view we have taken we are remanding the matter to the jurisdictional Commissioner to examine the matter afresh and to pass an appropriate order in accordance with law on providing an opportunity to the parties. The appellant may make use of this opportunity and substantiate their claim during the readjudication proceedings. Thus this appeal is disposed off in the above terms.
5. Ordered accordingly
(Pronounced and dictated in open court)