1994 (10) TMI 59

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..... r : R.M. Sahai, J.]. - The short question of law that arises for consideration in this appeal directed against the judgment and order of the Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi, is whether the classification and the price list accepted by the Department and acted upon, found subsequently to be erroneous, is to be applied prospectively or retrospectively. 2.The appellant .....

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..... he Tribunal it was conceded on behalf of the appellant that the method for determining the assessable value in the price list submitted by the appellant was not correct. 3.The order of the Tribunal was challenged and it was urged that the classification and the price list submitted by the appellant having been accepted and acted upon under Rule 173(2) of the Central Excise Rules, 1944, the Depart .....

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..... d in a different manner then even if the calculation resorted to by the Department is held to be correct, it should apply from the date of issue of notice and not from the date when the price list was submitted. Reliance for it was placed on the order passed by this Court in Civil Appeal Nos. 1960-61 of 1988 in the case of Collector of Central Excise, Calcutta v. Indian Oxygen Ltd. Khardah, decide .....

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