TaxTMI 
TaxTMI 
2004 (12) TMI 94
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....spondents' case. The said Rule, as it then stood, reads as follows :- "Rule 173C - Assessee to file price list of goods assessable ad valorem. - (1) Every assessee who produces, manufactures or warehouses goods which are chargeable with duty at a rate dependent on the value of the goods, shall file with the proper officer a price-list, in such form and in such manner and at such intervals as the Collector may require, showing the price of each of such goods and the trade discount, if any, allowed in respect thereof to the buyers along with such other particulars as the Central Board of Excise and Customs or the Collector may specify. .......................... (11) Notwithstanding the provisions of sub-rules (1) to (6), the Collector may....
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....he State of West Bengal. They stated that a very negligible quantity was sold at factory gate and for trading purposes they were running a Sales Depot in Calcutta. It was claimed that the goods were cleared from the factory to the Depot at provisional price shown in the gate price and that duty was paid and payable on the basis of value finally shown at the time of sale from Sales Depot. In other words, they claimed that they were entitled to value the goods on the basis of challan and advice notes by virtue of Rule 173C(11). But there was no denial that the price at the factory gate was ascertainable and fixed. 5.The assessing authority held that the assessable value must be the value at the factory gate. In the Appeal filed by the Respon....