1980 (3) TMI 88

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..... xcise duty under item 34-A of the First Schedule to the Central Excises and Salt Act, 1944. For these goods they filed price-lists for the purpose of determining the assessable value of the goods. They declared two prices —one for plugs sold under D.G.S. D. rate contract and the other for industrial consumers to whom the goods were supplied as Original Equipment. The latter price was considerabl .....

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..... l filed against this order was rejected by the Appellate Collector who observed that various Courts have decided that the assessable value should comprise the manufacturing cost plus the manufacturing profit and therefore the manufacturer cannot have an unrestricted liberty to declare the assessable value below the cost of production. 4. In the written and oral submissions the Petitioners have c .....

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..... ve that proviso (i) to section 4(1)(a) lays down that where, in accordance with the normal trade practice of the wholesale trade in such goods, such goods are sold at different prices to different classes of buyers, then each such price shall be deemed to be the normal price. The industrial consumers buying the goods as O.E. do constitute a distinct class of buyers. Therefore in the absence of any .....

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