https://www.taxtmi.com/caselaws?id=94605 Excise valuation for clearances exceeding the small-scale exemption limit turns on whether the sale price was cum-duty. Aggregate clearance value is determined by reference to the statutory valuation provision, and duty may be deducted from the price only where it was actually paid or demonstrably included in the amount realised. Where no duty was separately charged or shown to form part of the sale price at clearance, the declared price cannot later be re-characterised as cum-duty for reducing assessable value. The stated principle therefore supports duty computation on the declared aggregate value unless inclusion of duty in the realised price is established. en-us Fri, 21 Nov 1997 00:00:00 +0530 Fri, 02 Dec 2011 13:39:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=94605 Excise valuation for clearances exceeding the small-scale exemption limit turns on whether the sale price was cum-duty. Aggregate clearance value is determined by reference to the statutory valuation provision, and duty may be deducted from the price only where it was actually paid or demonstrably included in the amount realised. Where no duty was separately charged or shown to form part of the sale price at clearance, the declared price cannot later be re-characterised as cum-duty for reducing assessable value. The stated principle therefore supports duty computation on the declared aggregate value unless inclusion of duty in the realised price is established. Case-Laws Central Excise Fri, 21 Nov 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=94605