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TMI Blog1995 (10) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 15-6-1982. It appears that an interim order regarding stay was passed. It is not known whether the Writ Petition filed by the assessee is pending now or not. On 11-10-1982 the assessee filed a revised price list showing reduced price for paper and claiming the same deduction as earlier. The Assistant Collector approved the revised price list (though without approving the deduction claim) with effect from the date of his order, namely; 31-3-1983. In the appeal filed by the assessee, the Collector (Appeals) held that approval of the revised price list would be effective from the date on which the revised price list was filed viz. 11-10-1982. Department, being aggrieved, has filed this appeal. 2. The question which arises for considera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eme contained in sub-rule (1) and (6) of Rule 173C will not apply in cases referred to in sub-rule (2) of Rule 173C. Sub-rule (2) mandates that prior approval by the proper officer of the price list filed under sub-rule (1) shall be necessary in the various circumstances enumerated in sub-clauses (i) to (vi). We are concerned in this case with sub-clause (vi) which states that prior approval is necessary where the assessee submits a fresh price list or an amendment of the price list already filed with the proper officer and which has the effect of lowering the existing value of the goods. Such a case is governed by sub-rules (3) and (5). Under sub-rule (3) the proper officer may approve the revised price list after making such modifications ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the lower price without such approval except in cases where the proper officer allows the assessee the benefit of Rule 9B read with sub-rule 6 of Rule 173C. 6. It must therefore follow that while the price list as contemplated in sub-rule 1 of Rule 173C, when approved, takes effect from the date of filing of the price list, the fresh price list or amended price list which has the effect of lowering the value of the goods can ordinarily take effect only from the date on which it is approved by the proper officer. This, of course, is subject to an exception where the assessee has been allowed to avail the benefit of Rule 9B read with Rule 173C(6) as indicated earlier. 7. The Supreme Court in Samrat International (P) Ltd. v. Collector ..... X X X X Extracts X X X X X X X X Extracts X X X X
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