2007 (6) TMI 406

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Satapathy, Member (T)]. No one appeared on behalf of the respondents despite notice and adjournments granted earlier. There is also no adjournment request. Heard the learned S.D.R. for the appellant Commissioner. The respondents cleared 4487 MTs. of Aluminum Extruded Sections during 1-4-1997 to 1-9-1998. The Original Authority confirmed a duty demand of Rs. 84,85,740/- (Rupees eighty-four l .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... or due to prevalent conditions and circumstances in the market, sells his goods at a lower price, such a price would be the assessable value under Section 4 of the Central Excise Act, 1944, since that price is not shown to be guided by any extra consideration. He has also cited in Campbell and Co. - 1980 (6) E.L.T. 653 and another in the case of Shree Nijrang Poly Pack Industries v. C.C.Ex. - 200 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... September, 1998 when the value was defined under Section 4 of the Central Excise Act, 1944 to be the normal price in the ordinary course of trade. Keeping in view the aforesaid decision of the Hon ble Supreme Court in the case of Bombay Tyres (cited supra) and the fact that normal price has to be the price at which goods are ordinarily sold in wholesale trade, a price which is below the cost of pr .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X