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2010 (3) TMI 604 - AT - Central ExciseValuation - A show-cause notice was issued by the department proposing to finalize provisional assessment on the basis of the assessable value of CTV sets mentioned in the relevant invoices under Section 4. This show-cause notice proceeded in the premise that the higher amount mentioned under Section 4 in the invoice might have been recovered by the assessee’s dealer (depot) from the ultimate consumers as is evidence from the fact that the assessee was alleged to have failed to declare the depot sale price inclusive of all expenses. In adjudication of this show-cause notice, the original authority dropped the proposal after holding that no additional consideration was given by the assessee to their depot and that the depot at Bangalore sold CTV sets to customers at the rate of Rs. 15,000/-. The order of adjudication was reviewed by the Commissioner and accordingly an appeal was filed with the Commissioner (Appeals). The learned Commissioner (Appeals) allowed that appeal and ordered for reassessment. The present appeal of the assessee is against the appellate Commissioner’s order. Held that – MRP was marked on each cartoon in compliance with Standard of Weight & Measure Act, 1976 and rules made thereunder. It was equally good enough for assessment u/s 4A of the Act, especially as all essential particulars were furnished in relevant invoices. There was no scope for department to enquire whether higher assessable value may have been recovered by assessee at depot from their dealers. It was more so as assessee had stated MRP in advance in their declaration, even though it was not required at that time.
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