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2004 (12) TMI 94 - SUPREME COURTWhether once Rule 173C(11) applies then the assessee is entitled to have its value fixed as per the invoices? - Held that:- The Tribunal has ignored the proviso to Rule 173C(11). It could not be shown that the price at the factory gate could not be determined or that the price at the factory gate was varying. Thus the assessing authority was right in holding that the value would have to be determined as per that price. The Tribunal was clearly in error in ignoring the proviso. We are thus unable to sustain the order of the Tribunal. It is accordingly set aside. The Appeals stand allowed.
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