https://www.taxtmi.com/caselaws?id=109829 A withdrawn tariff value could not be treated as a continuing benchmark for excise valuation, so duty demand could not be sustained merely because the goods were cleared below an earlier notified price. Short levy had to be proved by showing that the assessable value was contrary to the statutory valuation provisions, and the mere absence of a price declaration was only a procedural lapse that did not by itself establish undervaluation. Earlier higher selling prices also did not prevent later lower market-based sales. On that reasoning, the duty demand and penalty were held unsustainable and the assessee succeeded. en-us Tue, 08 Apr 2003 00:00:00 +0530 Thu, 12 Apr 2012 12:02:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109829 A withdrawn tariff value could not be treated as a continuing benchmark for excise valuation, so duty demand could not be sustained merely because the goods were cleared below an earlier notified price. Short levy had to be proved by showing that the assessable value was contrary to the statutory valuation provisions, and the mere absence of a price declaration was only a procedural lapse that did not by itself establish undervaluation. Earlier higher selling prices also did not prevent later lower market-based sales. On that reasoning, the duty demand and penalty were held unsustainable and the assessee succeeded. Case-Laws Central Excise Tue, 08 Apr 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109829