MRP-based excise valuation applies to bulk sales where notified goods bear MRP declarations and no exclusion is shown.

Goods notified for MRP-based valuation remain assessable under Section 4A of the Central Excise Act where the manufacturer has filed the required declarations and affixed MRP, even if the refrigerators are sold in bulk to soft drink manufacturers. Bulk sale by itself does not take the goods outside Section 4A, and no relevant exclusion was shown. Subsequent assessment or payment under Section 4 cannot displace the statutory MRP-based method where Section 4A applies. The demand based on Section 4 was therefore set aside.

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Issues: Whether refrigerators sold in bulk to soft drink manufacturers, with MRP affixed, were assessable under Section 4A of the Central Excise Act, 1944 rather than under Section 4.

Analysis: The goods were notified for MRP-based assessment and the appellants had filed the requisite declarations and affixed MRP on the refrigerators. The sales to soft drink manufacturers were bulk transactions, but that by itself did not exclude Section 4A where the statutory requirement to declare MRP existed and the goods were not shown to fall within any relevant exclusion. The position was treated as settled in favour of MRP-based assessment for goods sold in bulk with MRP affixed and not resold in retail. Reliance on subsequent payment under Section 4 did not justify denial of assessment under Section 4A when the law required otherwise.

Conclusion: The refrigerators sold to the soft drink manufacturers remained assessable under Section 4A, and the order denying such assessment was not sustainable.

Final Conclusion: The demand based on Section 4 was set aside and the appeal was allowed.

Ratio Decidendi: Where goods are statutorily notified for MRP-based valuation and bear an MRP declaration, assessment under Section 4A applies even if the sale is in bulk and the buyer does not make a further retail sale.

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