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    <title>1976 (9) TMI 170 - MADHYA PRADESH HIGH COURT</title>
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    <description>Excise valuation and penalty under the Central Excise scheme turn on disclosure of relied-upon material, correct market-based assessment under Section 4(a), and the distinct effect of a duly filed price list under Rule 173-C. A Collector could not sustain a finding of contravention where despatches used against the assessee were never put in the show-cause notice, as this breached natural justice. Valuation had to reflect the wholesale cash price of goods of like kind and quality at the relevant market, not defective goods or isolated distant sales. Mere inaccuracy in a filed price list did not itself constitute contravention attracting Rule 173-Q. Departmental penalty proceedings were also treated as not barred by Section 40(2) or by finality under Section 35(2).</description>
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    <pubDate>Tue, 14 Sep 1976 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=165218</link>
      <description>Excise valuation and penalty under the Central Excise scheme turn on disclosure of relied-upon material, correct market-based assessment under Section 4(a), and the distinct effect of a duly filed price list under Rule 173-C. A Collector could not sustain a finding of contravention where despatches used against the assessee were never put in the show-cause notice, as this breached natural justice. Valuation had to reflect the wholesale cash price of goods of like kind and quality at the relevant market, not defective goods or isolated distant sales. Mere inaccuracy in a filed price list did not itself constitute contravention attracting Rule 173-Q. Departmental penalty proceedings were also treated as not barred by Section 40(2) or by finality under Section 35(2).</description>
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