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Issues Involved:
1. Whether the Chinna Langar, Thalam, and Special Langar Brands of Cheroots are chargeable with duty under the Central Excises and Salt Act (10 of 1944)? 2. What is the value of the said brands as determined under the provisions of Section 4 of the Act? 3. Whether there is collusion between the plaintiffs firm and the firm of M/s Maganti Veeraiah and Co.? 4. Whether the suit is barred by time under Section 40(2) of the Act? 5. Whether the suit is barred under Section 40(1) of the Act? 6. To what relief? Detailed Analysis: Issue 1: Chargeability of Duty The plaintiffs, a firm of tobacco merchants, manufactured cheroots and sold three brands (Chinna Langar, Thalam, and Special Langar) at a price of Rs. 0-14-0 per hundred to their sole selling agent, M/s Maganti Veeraiah and Co. The Deputy Superintendent of Central Excise conducted experiments and determined that these brands fell under taxable categories. The Superintendent of Central Excise seized the stock and levied a duty and penalty. The trial court found that the brands were not chargeable with duty, but the appellate court disagreed, stating that the prices charged to the sole selling agent were not acceptable for assessment as they were monopoly prices. Issue 2: Determination of Value The value of the cheroots for tax purposes was disputed. The plaintiffs argued that the value was Rs. 0-14-0 per hundred, as per Section 4 of the Act. The defendants contended that the price at which the sole selling agent sold the cheroots should be considered. The appellate court emphasized that the price charged by the sole selling agent to independent wholesale dealers, after deducting discounts and incidental expenses, should be the basis for determining the value under Section 4(a) of the Act. The trial court's reliance on the price at which the plaintiffs sold to the sole selling agent was found to be incorrect. Issue 3: Collusion The trial court found no collusion between the plaintiffs and the sole selling agent. The appellate court agreed, noting that the two entities were distinct and different concerns despite their close relationship. Issue 4: Barred by Time under Section 40(2) The trial court found that the suit was filed within the prescribed time limit, and the appellate court upheld this finding. The relevant dates were correctly considered, and it was determined that the suit was not barred by time. Issue 5: Barred under Section 40(1) Section 40(1) of the Act bars suits against the government or its officers for actions done in good faith. The trial court found that the suit was not barred under this section, and the appellate court agreed, citing precedents that allowed suits for illegal tax collection under similar statutes. Issue 6: Relief The appellate court set aside the trial court's judgment and decree, remanding the case for fresh disposal on Issues 1 to 3 and 6. Both parties were given the opportunity to adduce further evidence to determine the correct value under Section 4 of the Act. The appellate court emphasized the need for precise data, including deductions for discounts and incidental expenses, to arrive at the correct wholesale cash price. Conclusion: The appellate court allowed the appeal, set aside the trial court's judgment, and remanded the case for fresh disposal, emphasizing the correct interpretation of Section 4(a) of the Act and the need for precise data to determine the value of the cheroots. The costs of the appeal were to follow and abide by the result, with the appellant entitled to a refund of the court fee paid on the memorandum of appeal.
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