https://www.taxtmi.com/caselaws?id=81660 An ascertainable and approved factory gate price under Section 4 of the Central Excises and Salt Act, 1944 can govern valuation for depot sales unless the Department proves with evidence that the approved price is not genuine. On the facts described, the show cause notice did not allege that the approved ex-factory price was artificial or below actual realization, and the finding of non-genuineness was unsupported. As the valuation basis stood, the suppression allegation also failed, so the extended limitation period under Section 11A could not be invoked. The Department's valuation, demand and penalty were therefore unsustainable. en-us Thu, 05 Dec 1991 00:00:00 +0530 Tue, 28 Jun 2011 10:44:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=81660 An ascertainable and approved factory gate price under Section 4 of the Central Excises and Salt Act, 1944 can govern valuation for depot sales unless the Department proves with evidence that the approved price is not genuine. On the facts described, the show cause notice did not allege that the approved ex-factory price was artificial or below actual realization, and the finding of non-genuineness was unsupported. As the valuation basis stood, the suppression allegation also failed, so the extended limitation period under Section 11A could not be invoked. The Department's valuation, demand and penalty were therefore unsustainable. Case-Laws Central Excise Thu, 05 Dec 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=81660