Assessable value based on actual sale price cannot be displaced merely for failure to file a revised declaration.

Duty cannot be confirmed merely because a revised declaration was not filed under Rule 173C where the actual sale price on clearance is undisputed; assessable value must be based on that actual sale price, so the absence of a revised declaration alone is insufficient to sustain the demand. The challenge also failed on limitation, as the appellate authority accepted the finding that the demand was time-barred and no infirmity was shown in that conclusion. The demand set aside below was therefore maintained, and the Revenue's challenge failed.

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Issues: (i) Whether differential duty could be demanded merely because the assessee did not file a revised declaration under Rule 173C of the Central Excise Rules, 1944, when the actual sale price was undisputed; (ii) Whether the demand was barred by limitation.

Issue (i): Whether differential duty could be demanded merely because the assessee did not file a revised declaration under Rule 173C of the Central Excise Rules, 1944, when the actual sale price was undisputed.

Analysis: Duty liability had to be determined on the actual sale price at which the goods were cleared. The only objection raised by the Revenue was the absence of a revised declaration. Since the sale price itself was not in dispute, non-filing of a revised declaration could not, by itself, justify confirmation of duty on the basis of the earlier declaration.

Conclusion: The demand could not be sustained solely on the ground of failure to file a revised declaration.

Issue (ii): Whether the demand was barred by limitation.

Analysis: The appellate authority had accepted the adjudicating authority's finding on limitation, and no infirmity was found in that view on appeal.

Conclusion: The demand was also not sustainable on limitation.

Final Conclusion: The Revenue's challenge failed, and the order setting aside the duty demand was sustained.

Ratio Decidendi: Where the assessable value is based on the actual sale price and that price is not disputed, duty cannot be confirmed merely because a revised declaration was not filed.

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