1997 (11) TMI 263

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..... Puri, SDR, for the Respondent. [Order per : K.S. Venkataramani, Member (T)]. - The appellants manufacture reclaimed rubber falling under Chapter 40 of Central Excise Tariff Act, 1985. They sell their goods on the basis of purchase orders placed on them by their customers who are manufacturers of various types of tyres for trucks, cars, two wheelers, cycles. The appellants considered each purch .....

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..... nd hence the Part II price list was inapplicable. The Assistant Collector determined the assessable value under Section 4(1)(a) of the Act by taking the highest amongst the prices for each month during the relevant period. The Tribunal decision in the case of Shakti Insulated Wires v. Collector - 1990 (49) E.L.T. 554 was relied upon. The Assistant Collector's order was upheld by the Commissioner o .....

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..... uld not be justified. As for the grievance of the appellants that the Assistant Commissioner has unjustly fixed the assessable value at the highest for the month, we find that the Commissioner (Appeals) has rightly held that the remedy for a situation of frequent market fluctuation in prices of the product would be in the appellants applying for invoice value assessment in terms of Rule 173C(11) b .....

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