2005 (11) TMI 141 - AT - Central Excise

Summary

Issues: Determination of assessable value for excise duty calculation based on maximum retail price (MRP) printed on the product pack.

Analysis:
The appeal filed by the revenue concerns the assessable value of the product "Shikakai-3 in 1 Toilet Soap" cleared by the respondents under a scheme offering a discount. The revenue argues that if the goods were sold without the scheme, the maximum retail price would have been higher. The Assistant Commissioner upheld the demand for duty and imposed a penalty. On appeal, the Commissioner (Appeals) noted that only one MRP of Rs. 11.50 was mentioned on the pack, and thus, this declared MRP should be accepted as the assessable value under Section 4A.

The revenue contended that prior to the scheme, the soap was sold at a higher price, leading to undervaluation post the price reduction. However, the Tribunal did not agree with this argument. As only one MRP was printed on the pack, the assessable value had to be determined based on this MRP. The Tribunal emphasized that excise authorities cannot intervene to set the MRP, and there was no evidence that the goods were sold above the printed MRP. Consequently, the Tribunal found no merit in the revenue's appeal and dismissed it.

In conclusion, the Tribunal upheld the Commissioner (Appeals) decision regarding the assessable value based on the printed MRP. The judgment highlights the importance of adhering to the declared MRP for determining excise duty, emphasizing that authorities cannot arbitrarily set the value without evidence of actual sales above the printed price.