Differential excise valuation for bulk industrial buyers is permissible where buyer classes and pricing are distinct.

Different assessable values were permissible where excisable goods were sold at a lower price to a bulk industrial consumer and at a higher price to other buyers, because bulk purchasers constituted a distinct class for valuation purposes. Differential pricing based on quantity was treated as consistent with Section 4 of the Central Excise Act, 1944, and Tribunal precedent recognising separate prices for different classes of buyers. The Revenue's appeal was rejected.

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Issues: Whether different assessable values could be adopted for excisable goods supplied to more than one industrial consumer.

Analysis: The goods sold at a lower price were supplied to a bulk industrial consumer, while the higher-priced clearances were to other buyers. The existence of bulk purchases placed the buyers in different classes for valuation purposes. The cited Tribunal decisions recognizing different prices for different classes of buyers were applied, and differential pricing based on quantity was treated as permissible under Section 4 of the Central Excise Act, 1944.

Conclusion: Different assessable values were held permissible for supplies to bulk industrial consumers, and the Revenue's appeal was rejected.

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