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TMI Blog2003 (3) TMI 100X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Counsel for the parties. 2.In this appeal against the Final Order No. 601 of 1995-A of Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi (for short, 'the Tribunal') in Appeal No. E/1745/83-A, dated 3-11-1995, the only point that arises for our consideration is : whether the Tribunal is right in reversing the order of the Assistant Collector as confirmed by the Collector. 3.To a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : Provided that - xxx xxx (b) where the normal price of such goods is not ascertainable for the reason that such goods are not sold or for any other reason, the nearest ascertainable equivalent thereof determined in such manner as may be prescribed. (2) xxxxxxxxx (3) xxxxxxxxx (4) For the purposes of this section, - (a) to xxxxxxxxx(d) (e) "wholesale trade" means sales to dealers, industri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refrigeration machinery parts in wholesale trade at the price which was approved by the Excise authorities. Where normal price within the meaning of clause (a) of sub-section (1) is ascertainable. The provisions of clause (b) cannot be resorted to. The show cause notice was issued to the assessee on the ground that the cost of production of the goods was more than the cost of wholesale price, so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice was not ascertainable. There is no valid reason to doubt the genuineness of the sale price. It can therefore be safely be concluded that the goods were sold at the normal price within the meaning of Section 4(1)(a) of the Act. In our view, the Tribunal is right in accepting the wholesale price as the correct price following the judgment of the Court in Union of India & Ors. v. Bombay Tyres Int ..... X X X X Extracts X X X X X X X X Extracts X X X X
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