https://www.taxtmi.com/caselaws?id=125001 Valuation under Section 4A of the Central Excise Act could not be sustained without properly examining the assessee's claim that the goods were predominantly supplied to OEMs and industrial consumers and were covered by the Rule 34 exemption for industrial use. The record indicated that written submissions and package endorsements supported the contention of exclusive industrial use, but the adjudicating authority relied mainly on a small segment of dealer sales and did not address the exemption claim or the factual basis for invoking Section 4A. The duty, penalty, and fine order was set aside and the matter remanded for fresh adjudication after a reasonable opportunity of hearing. en-us Tue, 21 Oct 2008 00:00:00 +0530 Wed, 17 Oct 2012 18:59:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=125001 Valuation under Section 4A of the Central Excise Act could not be sustained without properly examining the assessee's claim that the goods were predominantly supplied to OEMs and industrial consumers and were covered by the Rule 34 exemption for industrial use. The record indicated that written submissions and package endorsements supported the contention of exclusive industrial use, but the adjudicating authority relied mainly on a small segment of dealer sales and did not address the exemption claim or the factual basis for invoking Section 4A. The duty, penalty, and fine order was set aside and the matter remanded for fresh adjudication after a reasonable opportunity of hearing. Case-Laws Customs Tue, 21 Oct 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=125001