https://www.taxtmi.com/caselaws?id=47295 Valuation under excise law had to rest on the assessee's bona fide wholesale price to independent buyers where such factory-gate sales satisfied Section 4(1)(a), and the Revenue could not substitute the related buyer's resale price. The adjudicatory authority also could not sustain the demand on a ground not set out in the show cause notice or the Collector's order, because a new case could not be made out at the appellate stage. The first proviso to Section 4(1)(a) was inapplicable on a supposed regional classification of dealers, and Section 4(1)(b) could not be used when a normal price was available. The valuation adopted by the Tribunal was therefore unsustainable. en-us Tue, 26 Apr 2005 00:00:00 +0530 Mon, 22 Sep 2025 11:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=47295 Valuation under excise law had to rest on the assessee's bona fide wholesale price to independent buyers where such factory-gate sales satisfied Section 4(1)(a), and the Revenue could not substitute the related buyer's resale price. The adjudicatory authority also could not sustain the demand on a ground not set out in the show cause notice or the Collector's order, because a new case could not be made out at the appellate stage. The first proviso to Section 4(1)(a) was inapplicable on a supposed regional classification of dealers, and Section 4(1)(b) could not be used when a normal price was available. The valuation adopted by the Tribunal was therefore unsustainable. Case-Laws Central Excise Tue, 26 Apr 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=47295