Factory gate price valuation dispute required fresh examination before assessable value could be determined.

Factory gate price was a central valuation issue, and where the assessee specifically contended that it was ascertainable, depot price could not be used as the basis for assessable value. The adjudicating authority had not recorded a clear finding on that point in the de novo proceedings. The matter was therefore remanded for express reconsideration of the factory gate price question and for a fresh order after hearing the party.

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Issues: Whether the matter required remand for fresh consideration on the question of factory gate price for determination of assessable value.

Analysis: The appellants had specifically raised the plea that factory gate price was ascertainable and, therefore, depot price could not be taken as the basis for valuation. The adjudicating authority did not record a clear finding on this specific issue in the de novo proceedings. Since the issue was central to the dispute, it was necessary for the adjudicating authority to examine it expressly and decide it in accordance with law after giving the party an opportunity of hearing.

Outcome: The matter was remanded to the jurisdictional adjudicating authority for fresh examination of the factory gate price issue and for passing a lawful order after hearing the party.

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