Assessable value of molasses remains the actual wholesale sale price absent proof of extra consideration or valid price fixation.

Where no evidence showed that the manufacturer received any additional consideration for molasses, and no valid statutory order fixing a higher sale price was produced, the wholesale price actually realised remained the assessable value under Section 4 of the Central Excise Act, 1944. Alleged State subsidy or a purported fixed price could not be added to the assessable value without proof. On that basis, duty paid on the normal sale price was held correct, no further demand was sustainable, and the appeals were allowed with the impugned orders set aside.

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Issues: Whether the assessable value of molasses was to be taken at the wholesale sale price realised by the manufacturers, or whether any additional amount could be added on the basis of alleged State subsidy or a purportedly fixed sale price.

Analysis: There was no evidence that the manufacturers had received any further consideration for the sale of molasses. No statutory order fixing the sale price at the alleged higher rate was produced. In the absence of proof of any extra consideration, the price actually realised on wholesale sale by the manufacturers constituted the assessable value under Section 4 of the Central Excise Act, 1944.

Conclusion: The duty had been correctly paid on the normal sale price, and no further demand was sustainable.

Final Conclusion: The appeals were allowed and the impugned orders were set aside.

Ratio Decidendi: In the absence of proof of any additional consideration or a valid statutory fixation of price, the wholesale sale price realised by the manufacturer is the assessable value under Section 4 of the Central Excise Act, 1944.

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