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Issues: Whether watches notified under the relevant notifications were liable to be valued under Section 4A of the Central Excise Act, 1944 instead of Section 4, and whether the plea that the goods were not commodities in packaged form could defeat such valuation.
Analysis: Section 4A applies where goods are specified by notification and are required under the standards and weights legislation or any other law to declare the retail sale price on the package. The watches in question were covered by the notifications issued for the relevant period, and the notifications were subsequently superseded by later notifications which continued to include watches. Once the goods stood notified under Section 4A, assessment could only be made on the basis of retail sale price. The contention that the goods were outside the concept of packaged commodities was rejected in light of the statutory scheme and the settled interpretation of the expression "commodity in packaged form". The decision of the Supreme Court on the meaning of that expression also supported the department's case.
Conclusion: The watches were correctly assessable under Section 4A of the Central Excise Act, 1944, and the plea for assessment under Section 4 failed.