It is the stand of the Revenue that the assessable value for the purpose of duty of excise is the price at which the afore mentioned products are sold by STL in the open market whereas BTL has been paying the duty on the price at which it was sold to STL.
It sells about 75 per cent of its product to Department of Telecommunications for short DOT and Mahanagar Telephone Nigam Limited for short MTNL and remaining about 25 per centof its product in the open market through Siemens Telecom Limited for short STL , Respondent No.
1 herein, for short BTL manufactures electronic push button telephones.
3 herein, which is a joint venture companypany of BTL and STL having 49 per cent and 51 per cent sharing respectively.
Three show cause numberices dated, 03rd May, 2000, 04th May, 2000 and 24th May, 2000 were issued to the BTL raising demand of Rs.
On the second point regarding clandestine removal of the goods and sale without payment of Excise Duty, the Tribunal remanded the matter to the Commissioner for a fresh adjudication after taking fresh evidence.
The second point taken by the Revenue was that there had been clandestine removal of the goods and sale without paying Excise Duty.
Assessee, being aggrieved, filed appeal before the Tribunal.
Assessee Bharti Telecom Ltd., Respondent No.
Ashok Bhan and Dalveer Bhandari, JJ.
The Assessing Authority companyfirmed the demand.
8,12,712/ respectively.
We adjourned this case to enable the parties to ascertain the outcome of the remand proceedings.
9,73,66/ and Rs.
2,28,99,251/ , Rs.
