TMI Blog2007 (3) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... s (Control) Act, 1947 is a regulatory measure enacted in order to regulate the supply, storage and pricing of molasses produced by factories is the State of Bihar. The relevant provision of the said Act which dealt with price of molasses has not fixed a particular price. It has merely fixed a range/ceiling within which the factory was entitled to charge the price of the molasses. We are informed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 8th October, 2001. The appellant-assessee sold during the relevant year sugar molasses at the rate of Re. l/- per quintal. According to the Department, during the relevant year, the Bihar Government had statutorily fixed the price of the said commodity at Rs. 15/- per quintal and, therefore, the assessable value ought to have been calculated at the rate of Rs. 15/- per quintal which was a statut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... price. According to the assessee, under the said Act, an outer ceiling limit was prescribed and that the assessee was free to sell molasses at a price within the range of Rs. 1/- to Rs. 15/- per quintal. In the circumstances, according to the assessee, proviso (ii) to Section 4(1)(a) of the Central Excise Act was not applicable to the facts of the present case. 3. We find merit in this civil ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the actual price charged except in three exceptional circumstances indicated by the three provisos. In the present case, proviso (ii) is not applicable since under the Bihar Molasses (Control) Act, 1947, there is no fixed control price stipulated. As stated above, under the said Act, a price range is demarcated subject to the ceiling of Rs. 15/- per quintal. In the circumstances, proviso (ii) to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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