2005 (6) TMI 497

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..... b Ali M., Member (T)]. This appeal is by Commissioner of Central Excise, Goa, against the order of Commissioner (Appeals). 2. The respondents are manufacturers of furniture falling under Chapter 94 of CETA, 1985. The dispute pertains to Valuation of furniture cleared/supplied by them to wholesalers and to retail customers. The respondents contend that they have two different prices for the .....

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..... that the appellants before him had two different prices, one for supplies to wholesale dealers and franchise holders and another for retail sales made directly from their manufacturing unit to retail customers. He held that the department has failed to adduce any evidence to establish that the manufacturer was charging more than the invoice value indicated from the wholesalers. He rejected the De .....

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..... the Department should arrive at the assessable value after giving suitable allowances to the retail prices. Since the basis of assessment under Section 4(1)(a) is the wholesale price and not the retail price, the burden is on the Departments, as has been pointed out by Commissioner (Appeals), to determine the assessable value of goods sold to actual users in retail. The department has not done tha .....

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