Assessable value based on factory gate price, not depot price, where independent wholesale sales and no extra consideration were shown.

Assessable value under section 4(1)(a) was to be based on the ex-factory price charged to independent wholesale buyers, because the goods were sold at the factory gate and no evidence showed any extra consideration flowing back to the seller. Regular filing of approved price lists supported acceptance of the normal price, and there was no basis to substitute the depot sale price. The Tribunal also relied on an earlier decision in the same parties' case, noting that it had not been shown to have been reversed or disregarded. On that basis, the demand was not sustainable.

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Issues: Whether the assessable value of the goods was to be determined on the basis of the ex-factory sale price to independent wholesale buyers under section 4(1)(a), or on the basis of depot sale price, and whether the demand could be sustained.

Analysis: The appellants were selling goods at the factory gate to independent wholesale buyers, and no evidence was produced to show that any extra consideration flowed back to them beyond the factory gate sale price. The approved price lists had been filed regularly, and the facts did not justify rejection of the normal price. The Tribunal also noted that an earlier decision in the appellants' own case had taken the same view, and nothing was shown to indicate that the earlier order had been upset or ignored. The challenge on limitation was not examined because the appeal succeeded on merits.

Conclusion: The depot sale price could not be adopted, the factory gate price remained the proper basis for assessment, and the demand could not be sustained.

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