Cum-duty valuation required where duty was not separately collected, with assessable value and demand recomputed accordingly.

Where consignments were cleared without separately collecting duty, the total price realised had to be treated as a cum-duty price, and the duty element excluded while redetermining assessable value and quantifying demand. The valuation was therefore required to be recomputed on a cum-duty basis, and the matter was remitted for fresh calculation of assessable value and duty demand.

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Issues: Whether the price realised for the two consignments had to be treated as cum-duty price and whether the duty element was liable to be deducted for recomputation of assessable value and demand.

Analysis: The assessee had cleared two consignments without separately collecting duty, though duty was payable. In such a situation, the total price realised was required to be treated as cum-duty price, and the duty element had to be excluded while redetermining the assessable value and quantifying the demand.

Conclusion: The assessee succeeded on the valuation issue, and the matter was remitted for recomputation of the assessable value and duty demand on a cum-duty basis.

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