https://www.taxtmi.com/caselaws?id=47180 Where the factory-gate normal price is ascertainable, valuation under Section 4 of the Central Excise Act prevails and Rule 173C(11) cannot be used to insist on assessment only on the declared challan or advice-note price. The rule allowed clearance on a declared price only where normal price could not be ascertained because of the nature of the goods or frequent market fluctuation, and its proviso preserved reassessment where the declared price did not reflect Section 4 value. The operative principle is that a provisional declaration of price cannot override statutory valuation based on normal price at the time and place of removal. en-us Wed, 01 Dec 2004 00:00:00 +0530 Tue, 17 Jun 2014 16:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=47180 Where the factory-gate normal price is ascertainable, valuation under Section 4 of the Central Excise Act prevails and Rule 173C(11) cannot be used to insist on assessment only on the declared challan or advice-note price. The rule allowed clearance on a declared price only where normal price could not be ascertained because of the nature of the goods or frequent market fluctuation, and its proviso preserved reassessment where the declared price did not reflect Section 4 value. The operative principle is that a provisional declaration of price cannot override statutory valuation based on normal price at the time and place of removal. Case-Laws Central Excise Wed, 01 Dec 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=47180