Case Law Details
Commissioner of Central Excise Vs Cera Board and Doors (Supreme Court)
In fine, these appeals are disposed of, confirming the impugned orders of CESTAT setting aside the Orders in Original passed by the Adjudicating Authorities and remanding the matters back for readjudication. However, while carrying out the exercise of readjudication, the Adjudicating Authorities should keep in mind the principles enumerated hereunder:
A. Cases where the period of assessment is prior to 01.07.2000
I. First ascertain the price at which such goods are ordinarily sold by the assessee to a buyer who is not related to him, in the course of wholesale trade, at the time and place of removal and also find out whether the price is the sole consideration for the sale. If the Adjudicating Authority is able to find this out, he may take such price as the normal price and treat the case as covered by Section 4(1)(a), applying, wherever permissible, the prescriptions contained in the proviso to clause (a) of subsection (1) of Section 4.
II. If the normal price is not ascertainable, either for the reason that the goods are not sold or for any other reason, then he may take it that the case would fall under Section 4(1)(b) and take recourse in such cases, to the Central Excise (Valuation) Rules, 1975.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
