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2019 (7) TMI 632 - AT - Central ExciseValuation - lubricating oils - gear oils - demand is based on the existence of advice on maximum retail price - section 4A of Central Excise Act, 1944 - period August 2005 and March 2006 - HELD THAT:- Under section 4A of Central Excise Act, 1944, an assessee is required to clear the goods on application of prescribed rate of duty on the value arrived at after abatement of prescribed portion from the maximum retail price affixed on the product or on the packaging. The appellant, admittedly, did revise ‘maximum retail price’ for their products but have claimed that the earlier production, lying in stock at the time of such revision, are cleared only at the price already printed on the product and, there being no additional consideration, was not violative of section 4A of Central Excise Act, 1944. On a perusal of section 4A of Central Excise Act, 1944, it is seen that the assessable value is ‘deemed to be the retail price declared on such goods less such amount of abatement’ and that, under sub-section (4A)(4) of Central Excise Act, 1944, the consequence of ascertaining of the maximum retail sale price will arise only upon the removal without declaring the retail sale price or when declared retail sale price is tampered with, corrected by or altered from the one declared on the package at the time and place of removal. Appeal allowed - decided in favor of appellant.
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