Retail sale price under Section 4A must follow the highest declared MRP when goods show more than one marked price.

Where excisable goods bear more than one declared retail sale price, the Explanation to Section 4A deems the maximum declared price to be the retail sale price for valuation. Applying that rule, the higher MRP must be adopted even if the goods were actually sold at a lower price. The assessee's challenge to valuation on the basis of the lower selling price was rejected, and the higher of the two declared MRPs was treated as the correct retail sale price under Section 4A.

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Issues: Whether, for the purpose of Section 4A of the Central Excise Act, 1944, the retail sale price of excisable goods bearing more than one declared retail sale price is the highest declared retail sale price.

Analysis: The explanation to Section 4A provides that where more than one retail sale price is declared on excisable goods, the maximum of such declared retail sale prices is deemed to be the retail sale price for that section. Applying this language, and following the Tribunal's earlier view in similar circumstances, the presence of two MRPs on the product required adoption of the higher MRP for valuation under Section 4A, irrespective of the price at which the goods were actually sold by the assessee.

Conclusion: The higher of the two declared MRPs was correctly treated as the retail sale price under Section 4A, and the assessee's contention was rejected.

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