CCE Vs. MOON BEVERAGE LTD.

JUDGEMENT

(1.) THIS appeal of the Revenue is directed against the Order -in -Original No. 03/Comm/MRT -I/97 dated 21.8.1997 passed by Commissioner of Central Excise, Meerut.

(2.) WE have perused the records and have heard both sides. The issue which came up for decision in the impugned order was the valuation of Aerated Water manufactured and sold by the respondents M/s Moon Beverage Ltd. during the period 1994 -95. Originally the goods were assessed provisionally. Subsequently, Show -cause Notice was issued alleging that valuation was incorrect. The Commissioner ordered acceptance of the ex -factory price as the basis of assessment with the following observations:

(3.) THE grievance made in the present appeal is that the order is not correct and proper in view of the following: