2008 (2) TMI 777

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..... nt. [Order per : Archana Wadhwa, Member (J)]. - After hearing the learned SDR appearing for the Revenue, we find that the moot point required to be decided in this case is as to whether the maximum price fixed by the D.P.C.O. would be deemed to be assessable value even if goods are sold at lower price. Both the authorities below i.e. original adjudicating authority as well as the Commissioner ( .....

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..... e goods at a price other than the statutory price, this proviso will have no application. Further the law may fix maximum price i.e. the goods cannot be sold above that price but can be sold below the price. If the assessee sell the goods not a maximum price so fixed but at a lower price or at a higher price in contravention of the law fixing the statutory maximum price even then proviso (ii) will .....

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..... object would be served and in fact better served if the goods are sold below this maximum fixed price. The position, as discussed above, has been settled by the Hon'ble Supreme Court in case of Delhi Cloth and General Mills Co. Ltd. v. UOI and others - 1986 (24) E.L.T. 175 (S.C.) and UOI v. Bombay Tyres - 1983 (14) E.L.T. 1896 (S.C.). The ratio of aforesaid decision is squarely applicable in .....

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