Excise valuation under price control and post-control pricing compliance determined that the refund claim was not admissible.

For the period when price control applied, the controlled price fixed under the governing law constituted the normal price for valuation under the Central Excise Act, so the assessee's lower sale price was irrelevant. After price control was withdrawn, the assessee was required to file a price list and obtain prior approval under Rule 173C(2) before selling at a reduced price compared with the earlier prevailing price. As no such compliance was shown, the refund claim was held not admissible and no relief was available.

---

---

Issues: Whether refund of central excise duty was admissible for the period when the goods were under price control and for the period after withdrawal of price control, where the assessee sold the goods at prices lower than the earlier approved prices.

Analysis: For the period when price control was in force, the controlled price fixed under the relevant law was the normal price for valuation under Section 4(1) proviso (ii) of the Central Excise Act, 1944, and the actual lower sale price had no relevance. For the period after withdrawal of price control, the assessee was required to file a price list and, where the price was reduced from the earlier prevailing price, obtain prior approval under Rule 173C(2) of the Central Excise Rules, 1944. No such compliance was shown.

Conclusion: The refund claim was not admissible and the assessee was not entitled to relief.

---