https://www.taxtmi.com/caselaws?id=762765 Where the Department seeks to displace a declared Retail Price under the packaged commodities valuation regime, it must prove that goods were actually sold above that price and support re-determination through the prescribed statutory method. Here, dealer and builder statements, untested by cross-examination and unsupported by buyer evidence, did not establish excess realisation, and the declared Retail Price was not shown to be incorrect. The price-list based method used for re-determination was not the prescribed method, and the 2008 Rules could not be applied retrospectively to periods before 1-3-2008. The demand, penalties, and confiscation were therefore unsupported. en-us Wed, 04 Dec 2024 00:00:00 +0530 Fri, 06 Dec 2024 11:39:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=762765 Where the Department seeks to displace a declared Retail Price under the packaged commodities valuation regime, it must prove that goods were actually sold above that price and support re-determination through the prescribed statutory method. Here, dealer and builder statements, untested by cross-examination and unsupported by buyer evidence, did not establish excess realisation, and the declared Retail Price was not shown to be incorrect. The price-list based method used for re-determination was not the prescribed method, and the 2008 Rules could not be applied retrospectively to periods before 1-3-2008. The demand, penalties, and confiscation were therefore unsupported. Case-Laws Central Excise Wed, 04 Dec 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=762765