Revision Application Allowed: Duty based on price at clearance date; subsequent price changes not applicable.

The Revision Application is allowed, as duty demand on tyres marked as 'O.E.' cleared before 29-4-1974, when a revision in prices eliminated the distinction between 'O.E.' and ordinary tyres, cannot be based on subsequent higher prices. Duty must be levied based on the price at clearance date.

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The Government of India considered a duty demand on tyres marked as 'O.E.' cleared before 29-4-1974. A revision in prices on 29-4-1974 eliminated the distinction between 'O.E.' and ordinary tyres. Duty must be levied based on the price at clearance date, so demanding differential duty on subsequent higher prices is not valid. The Revision Application is allowed. (Case: 1977 (4) TMI 39 - GOVERNMENT OF INDIA)

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