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2015 (11) TMI 961 - SC - Central ExciseValuation of goods - part of sugar was to be sold at controlled rates to be fixed by the Government - Section 4 of the Central Excises and Salt Act, 1944 - Held that:- As per clause (a) of sub-Section (1) of Section 4, the duty which is payable is on a normal price of the goods i.e. price at which the goods are ordinarily sold by the assessee to a buyer. As pointed out above, the High Court had passed interim orders permitting the assessee to charge higher price and thereafter at that price the goods were normally sold by the assesse to the FCI as well as other buyers. - it is clear that the only price that was spoken about even by the interim orders was the price “fixed under any law for the time being in force” and thus an interim order fixing the higher price would also be an order which fixes a price “under any law for the time being in force”. - Order of Tribunal is set aside - Decided in favour of Revenue.
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