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TMI Blog2000 (10) TMI 699X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Respondent. [Order per : Gowri Shankar, Member (T)]. Disposing of an appeal against the order of the Collector of Central Excise relating to valuation for the purpose of assessment of patent and proprietary medicines manufactured by the appellant before it (who is also the appellant before us), the Tribunal, by its orders passed in 1994, held that the assessable value of the goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the duty payable under Section 4(4)(d)(ii) of the Act was claimed. 3. In the order that he has passed, which is appealed before us, the Commissioner has accepted the claim for 10% cash discount. He has not accepted the claim for discount by way of supply of free goods, and his order is silent on deduction of duty. The so called free goods discount, it was explained, works in a manner that 10% ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also to be accepted. 4. The Commissioner has also not dealt with the contention of the assessee that the maximum retail price should not form the basis of assessment, and it is the wholesale price at which the appellant sold the goods that must be the basis. While the departmental representative emphasizes that it is the maximum retail price that should form part of the assessable value, he is n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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