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Issues: Whether goods bearing only one printed maximum retail price were liable to be assessed on that retail price, and whether a higher maximum retail price printed on other packages could be adopted for valuation under Section 4A of the Central Excise Act, 1944.
Analysis: The goods in question, as sold in the concerned market, carried only one printed maximum retail price. The Commissioner (Appeals) had followed the Tribunal's earlier view that where the package contains only one retail price, valuation must be based on that price. The Revenue's reliance on a higher price shown on other packages did not displace the fact that the relevant goods before the authority bore only the lower printed maximum retail price.
Conclusion: The higher maximum retail price could not be taken for assessable value, and the order in favour of the assessee was upheld.
Final Conclusion: The Revenue's challenge failed, and the valuation adopted on the basis of the single printed maximum retail price was sustained.
Ratio Decidendi: Where the goods relevant to the dispute bear only one printed maximum retail price, assessment under Section 4A must proceed on that price and not on a higher price printed on other packages.