TMI Blog2000 (9) TMI 768X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 33/AC/Val/87, dated 7-12-1987 of the Assistant Collector of Central Excise, Jallandhar. Originally, these appeals were rejected vide Order Nos. 1427 to 1434/90-A, dated 5-9-1990 of the Tribunal. The appellants took up the matter before the Supreme Court in Civil Appeal Nos. 3897 to 3904 of 1991 and the Apex Court remitted the matter back to the Tribunal for a fresh decision. This order is passed in compliance with the said order of remand. 2. The issue raised in these appeals is the valuation of LCVs manufactured by the appellants. They sell the goods both in wholesale and in retail to customers. They filed price list in Part I proforma in respect of wholesale sales and price list in Part V proforma in respect of retail sales to custom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the impugned orders have approved the assessment of goods at the retail price which were declared in Part V proforma. They have submitted that retail prices can be reckoned for assessment of goods only when wholesale price is not available. In the instant case, since wholesale price was available, the Central Excise authorities should not have gone by the retail price at all. It is the appellants submission that the law relating to approval of assessable value is well settled. In the case of A.K. Roy v. Voltas Ltd. [1977 (1) E.L.T. (J 177) (S.C.)], the Supreme Court laid down that wholesale price should constitute the assessable value irrespective of the quantum of such wholesale sale at factory gate. This rule was followed by the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellants submitted that the impugned order is contrary to law laid down in all these decisions inasmuch as it is ordered that the assessment of all the goods removed by the appellants should be at the retail price. They, therefore, submitted that the impugned orders should be set aside and central excise authorities be ordered to assess the goods at the wholesale price at factory gate. 4. The appellants have also submitted that the deduction of Rs. 5,000/- claimed by them from the retail price works out approximately to 2% of the retail price and this amount of deduction is extremely reasonable considering the difference in price between wholesale and retail in the goods in question. 5. We have heard the learned Departmental Representat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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