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1997 (11) TMI 101 - SC - Central Excise
Issues involved: Appeal against the judgment of the Division Bench of the Patna High Court regarding assessment of excisable goods and examination of price lists.
Summary: The Supreme Court granted leave in an appeal by the Union of India against the Patna High Court's direction to the Assistant Collector of Central Excise, Jamshedpur, to promptly finalize the assessment of price lists submitted by a company. The High Court held that the price at which the company sold vehicles at the factory gate should be considered the normal price for valuation of excisable goods, and that the Assistant Collector could only request relevant documents for assessment purposes. The Court found that the price lists of the company's Regional Sales Offices were not relevant for the final orders. The appellant argued that examination of prices at Regional Sales Offices was necessary due to different prices at the factory gate. However, it was noted that most sales were to dealers, with only a small portion directly to sub-dealers, and this argument was not raised before the High Court during the initial proceedings. The Supreme Court opined that the High Court should not have entertained the writ petition, as the Assistant Collector has the authority to conduct assessments as deemed appropriate, call for relevant documents, and make necessary inquiries for valuation. Any disagreement with the assessment order could be addressed through statutory remedies like appeals or revisions. The Court emphasized that it should not interfere with the assessment process or dictate the manner in which assessments are conducted. The Court addressed complaints about prolonged assessments and emphasized that the Assistant Collector must determine all factual and legal aspects, including the need for inquiries to ascertain the value of excisable goods. The High Court cannot provide guidance on the assessment process. Concluding that the High Court erred in entertaining the writ petition, the Supreme Court allowed the appeal, setting aside the High Court's judgment without costs, and directed the Assistant Collector to complete the assessment promptly.
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