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TMI Blog2017 (6) TMI 998X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant is selling goods at their factory gate to unrelated buyers at the price determined in terms of section 4 of Central Excise Act, 1944. They paid the appropriate duty on transaction value of the goods shown in the relevant invoices at the time of clearance of goods from the factory gate. (ii) On account of fluctuation in prices of raw material supplementary invoices were raised for differential amount and duty was paid on the differential amount. (iii) Department issued 3 Show Cause Notices totally demanding interest of Rs. 23, 72,364/- under Section 11 AB of Central Excise Act, 1944 on the duty of central excise paid in respect of price variation bills raised in subsequent months. 3. Both sides represented by Ld. Counsels, Ms. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for that. It proceeds on the basis that the price which was originally stated at the time of removal of the goods was „understated‟ (para 8 of International Auto). However, value of the goods for the purpose of duty is „at the time of removal‟, as emphasised above which remains fundamental principle from the inception of the Central Excise Act originally enacted in 1944 and remains valid till date. It is, therefore, difficult to accept that the price was „understated‟ on the date of removal of those goods. 24. We further find that the Bench distinguished earlier three member Bench judgment in the case of MRF Ltd. V. Commissioner of Central Excise, Madras - (1997) 5 SCC 104 = 1997 (92) E.L.T. 309 (S.C.) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal in the case of Indo Hacks Ltd. v. CCE - 1986 (25) E.L.T. 69 (Trib.) and it seems to us that the Tribunal‟s view that the duty is chargeable at the rate and price when the commodity is cleared at the factory gate and not on the price reduced at a subsequent date is unexceptionable. Besides as rightly observed by the Tribunal the subsequent fluctuation in the prices of the commodity can have no relevance whatsoever so far as the liability to pay excise duty is concerned. That being so, even if we assume that the roll back in the price of tyres manufactured by the appellant Company was occasioned on account of the directive issued by the Central Government, that by itself, without anything more, would not entitle the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ient to lay down any principles which should govern the approach of the Court in dealing with the question of reviewing and revising its earlier decisions. It would always depend upon several relevant considerations-What is the nature of the infirmity or error on which a plea for a review and revision of the earlier view is based On the earlier occasion, did some patent aspects of question remain unnoticed, or was the attention of the Court not drawn to any relevant and material statutory provision, or was any previous decision of this Court bearing on the point not noticed Is the Court hearing such plea fairly unanimous that there is such an error in the earlier view What would be the impact of the error on the general administration of la ..... X X X X Extracts X X X X X X X X Extracts X X X X
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