1989 (6) TMI 59

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....tes. Until 30th November 1982 a Notification (No. 30/79-CE) prescribed a concessional rate of duty on cigarettes. By a Notification dated 30th November 1982 the earlier Notification was rescinded so that excise duty on cigarettes became payable at the tariff rate. On 3rd December 1982 the Superintendent, Central Excise, informed the petitioners of the above and requested them to submit a new price....

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.... They approached the Collector and on 23rd December 1982 the Collector informed them in writing of the reason. He said that the assessable values of the petitioners' cigarettes had not been changed in spite of the fact that a larger amount from the cum-duty price went towards the payment of excise duty. It, therefore, followed that the net amount received by the petitioners from the sale of cigare....

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.... disclosed the elements of manufacturing cost and manufacturing profit for the purposes of the assessable values of their cigarettes. His reasoning appears to be that if these had been correctly disclosed the petitioners would not been able to absorb the increase in the duty. He, therefore, proposed that the petitioners should submit a revised price list, in which the combined values of the manufa....