Actual sale price governs VAT assessment; disputed revised MRP cannot support liability without factual verification and fresh determination.

Assessment under the Bihar VAT Act must be made on the actual sale price of goods, not on a notional or disputed revised MRP. Where the assessee contended that sales were effected below the revised MRP, the assessing authority was required to examine that factual basis before fixing VAT liability. Because the assessment orders did not clearly address whether the revised MRP was actually printed or whether tax had been computed on the actual sale price, they were not sustainable in their present form and were quashed. The matter was directed for fresh consideration in accordance with law.

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Issues: Whether the assessment orders passed under Section 31(1) of the Bihar VAT Act, 2005 were sustainable when the tax liability was worked out on the basis of revised MRP data instead of the actual sale price, and whether the assessee was entitled to a fresh consideration.

Analysis: The assessment orders did not clearly show whether the revised MRP was actually printed on the bottles or whether VAT-3 had been levied on the basis of the actual sale price. Where the assessee had asserted that sales were effected at a lower price than the revised MRP, the assessing authority was required to determine liability on the basis of the actual sale price of the goods sold. Since the impugned orders were passed without properly addressing this aspect, they could not be sustained in their present form.

Conclusion: The assessment orders were quashed and the matter was directed to be considered afresh in accordance with law.

Final Conclusion: The assessee obtained relief against the impugned assessments, but the revenue was left free to undertake fresh proceedings after receipt of the return and appearance before the assessing authority.

Ratio Decidendi: For levy under the VAT regime, assessment must be based on the actual sale price and not on a notional or disputed revised MRP, and an assessment order that fails to address this factual basis is liable to be quashed for fresh determination.

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