https://www.taxtmi.com/caselaws?id=165590 For excise valuation, the assessable value was the wholesale cash price at the factory gate, based on arm's length commercial sales to Nestle's, not the price at which Nestle's later resold the goods. The fact that both parties were in the same group did not, by itself, make the sale price non-wholesale or non-competitive. The value of Nestle's brand name or trade mark also could not be added, because it was not part of the petitioner's manufacturing cost or manufacturing profit and was a post-manufacturing element excluded from section 4 valuation. The authorities were therefore required to reassess duty on the petitioner's sale price and refund excess duty collected. en-us Tue, 31 Aug 1976 00:00:00 +0530 Sat, 02 Aug 2014 12:37:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=165590 For excise valuation, the assessable value was the wholesale cash price at the factory gate, based on arm's length commercial sales to Nestle's, not the price at which Nestle's later resold the goods. The fact that both parties were in the same group did not, by itself, make the sale price non-wholesale or non-competitive. The value of Nestle's brand name or trade mark also could not be added, because it was not part of the petitioner's manufacturing cost or manufacturing profit and was a post-manufacturing element excluded from section 4 valuation. The authorities were therefore required to reassess duty on the petitioner's sale price and refund excess duty collected. Case-Laws Central Excise Tue, 31 Aug 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=165590