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TMI Blog2017 (1) TMI 1361X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; The law relating to determination of the assessable value prevailing before 28.9.1996 underwent amendment and clearance of the excisable goods from different places at different point of time was called "transaction value". 1.3 According to section 4 (1) of the Act, the goods ordinarily sold by an assessee at the time of removal from the respective place of removal charging different prices were considered to be normal price, in relation to that place of removal at the time of removal thereof, wherefrom the sales occurred. The said sub-section reads as under : SECTION 4 Valuation of excisable goods for the purpose of charging of duty of excise - (1) Where under this Act, the duty of excise is chargeable on any excisable goods with reference to value, such value, shall, subject to the other provisions of this section, be deemed to be - (a) the normal price thereof, that is to say, the price at which such goods are ordinarily sold by the assessee to buyer in the course of wholesale trade for delivery at the time and place of removal, where the buyer is not a related person and the price is the sole consideration for the sale. 1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vailing during material period, sale price charged in respect of a solitary transaction did not become basis for determination of assessable value of the goods cleared from any of the above said place of removal at the time of removal thereof. Related party transactions were dealt by different set of provision of law. 1.8. The terms 'place of removal' and 'time of removal' as defined above in terms of section 4 (4) (b) and 4 (4) (ba) of the Act remained in force for the period 28.9.1996 to 30.6.2000. POSITION OF LAW FROM 1.7.2000 to 13.5.2003 1.9 Section 4 of the Act prescribing mode of valuation of excisable goods stated as under :- SECTION 4 Valuation of excisable goods for the purpose of charging of duty of excise - (1) Where under this Act, the duty of excise is chargeable on any excisable goods with reference to their value, on each removal of the goods, such value shall - (a) in a case where the goods are sold by the assessee, for delivery at the time and place of the removal, the assessee and the buyer of the goods are not related and the price is the sole consideration for the sale, be the transact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 03 1.13 Again, Section 4 of the Central Excise Act, 1944 underwent amendment with effect from 14.5.2003. The mode of valuation prescribed by section 4(1) of the Act read as under : SECTION 4 Valuation of excisable goods for the purpose of charging of duty of excise - (1) Where under this Act, the duty of excise is chargeable on any excisable goods with reference to their value, on each removal of the goods, such value shall - (a) in a case where the goods are sold by the assessee, for delivery at the time and place of the removal, the assessee and the buyer of the goods are not related and the price is the sole consideration for the sale, be the transaction value. (b) in any other case, including the case where the goods are not sold, be the value determined in such manner as may be prescribed. Explanation.- For the removal of doubts, it is hereby declared that the price-cum-duty of the excisable goods sold by the assesee shall be the price actually paid to him for the goods sold and the money value of the additional in connection with the sale of such goods, and such price-cum-duty, excluding sales tax and other taxes, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se two appeals, without having regard to the intention of the legislature, passed order adopting price of a solitary transaction of a day made at a depot holding that to be basis for determination of transaction value of all sales of that day, which is not the intention of law. 3. Per contra, Revenue submits that learned Commissioner (Appeals) examined the transaction value of the clearances appearing in the annexure to show cause notice and held that adjudication findings were made properly for which there should be no interference to his order. 4. Heard both sides and perused the record. 5. Learned Commissioner (Appeals) has passed the impugned order without examining the amendments to the law made during different periods as depicted above since above two appeals relate to September 1997 to December 2001. The first dose of amendment came into force with effect from 28.9.1996 and second dose of amendment came into force w.e.f. 1.7.2000 and remained in force till 13.5.2003 which prescribed the principles relating to determination of assessable value. The law prevailing at the relevant poin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r application of law. Therefore, in the light of the above analysis of law, it would be proper for both sides to place their case before the appellate authority on the date that may be fixed by him, issuing notice to both sides within three months of receipt of this order. He shall hear them thoroughly on the basis of the law for the time being in force and test the transactions on the touch stone of law in respect of the issues involved in these two appeals to arrive at the assessable value. Pleading of the appellant shall be recorded and a reasoned and speaking order passed. 7. Appellant's further submission is that the time-bar aspect may also to be looked into since there was no intention of the appellant to cause evasion and nothing in the show cause notice shows that elements of proviso to Section 11A were present to invoke extended period. Therefore no penalty may be imposed. The matter having been remitted as above, if any plea is made by appellant in respect of time bar, in the course of readjudication, such aspect is left open to the appellate authority to examine and outcome of his examination shall be recorded by the Authority and re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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