https://www.taxtmi.com/caselaws?id=48754 Section 4(4)(d)(ii) of the Central Excises Act, 1944 requires exclusion of excise duty payable from the value of goods. The majority held that, where goods were sold at a realised wholesale price and the subsequently demanded higher duty could not be recovered from the buyer, that realised price had to be treated as cum-duty price; the later duty was therefore deductible in computing assessable value. The determination was said to depend on the actual facts of sale, not a hypothetical assumption that the price would have been higher if the correct duty had been charged initially. The dissenting view rejected abatement where the higher duty had not in fact been included in the original wholesale price. en-us Fri, 12 Mar 1999 00:00:00 +0530 Thu, 09 Oct 2025 15:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=48754 Section 4(4)(d)(ii) of the Central Excises Act, 1944 requires exclusion of excise duty payable from the value of goods. The majority held that, where goods were sold at a realised wholesale price and the subsequently demanded higher duty could not be recovered from the buyer, that realised price had to be treated as cum-duty price; the later duty was therefore deductible in computing assessable value. The determination was said to depend on the actual facts of sale, not a hypothetical assumption that the price would have been higher if the correct duty had been charged initially. The dissenting view rejected abatement where the higher duty had not in fact been included in the original wholesale price. Case-Laws Central Excise Fri, 12 Mar 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=48754