2004 (7) TMI 93

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ring the assessment years 1994-95, 1995-96, or proviso (i) to Section 4(1)(a) was applicable to the refrigerators being sold by the respondent-assessee during the period in question. Section 4(1)(a) defines "value" of an excisable commodity to be the normal price or the price at which the goods are ordinarily sold by the assessee to a buyer in the course of wholesale trade at the time and place of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Notification No. 46/94-C.E., dated 1st March, 1994. The respondent-assessee filed a price list and asked for provisional assessment for the period April, 1994 onwards on the basis of a single assessable value in respect of the refrigerators sold by it. The price list, as submitted by the respondent-assessee, was not accepted by the Revenue and after issuing a show cause notice, the assessing offic .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he time the matter came up before the Tribunal, the respondent-assessee accepted the factual findings of the assessing officer to the effect that there were three categories of buyers. The sole contention was that in that event the respondent-assessee was entitled to be assessed on the separate price as charged in respect of each of the three categories under the first proviso to Section 4(1)(a) a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X