https://www.taxtmi.com/caselaws?id=118663 An unnotified Superintendent's assessment, not preceded by proper adjudication on short-levy, could not be treated as a final determination barring the assessee's defence, so the merits had to be examined. On valuation, duty under the central excise scheme had to be based on the actual wholesale transaction value under Section 4, and the revenue failed to prove that the declared invoice prices were non-commercial or that sales to the alleged related person were at favoured prices. The duty demand was therefore unsustainable apart from the amount already accepted on depot sales, and penalty also fell once the substantive short-levy basis failed. en-us Wed, 20 Sep 2006 00:00:00 +0530 Wed, 04 Jul 2012 18:10:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=118663 An unnotified Superintendent's assessment, not preceded by proper adjudication on short-levy, could not be treated as a final determination barring the assessee's defence, so the merits had to be examined. On valuation, duty under the central excise scheme had to be based on the actual wholesale transaction value under Section 4, and the revenue failed to prove that the declared invoice prices were non-commercial or that sales to the alleged related person were at favoured prices. The duty demand was therefore unsustainable apart from the amount already accepted on depot sales, and penalty also fell once the substantive short-levy basis failed. Case-Laws Central Excise Wed, 20 Sep 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=118663