2006 (4) TMI 130

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....er the Tribunal has allowed the appeal filed by the respondent-assessee (for short "the assessee") and set aside the order in original passed by the Commissioner. 2. The assessee is a Company registered under the Companies Act, 1955 in the name and style of M/s. Century Laminating Co. Ltd. the assessee's factory is located in Hapur, U.P. It manufactures decorative laminates. The period with which we are concerned in these appeals is from 1st February, 1991 to 30th September, 1995. Goods manufactured in the factory were sold to wholesale dealers at the factory gate as also through various depots situated in the various parts of the country. 25% of the products were sold to wholesale dealers at the factory gate while the remaining 75% were....

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.... being aggrieved against the aforesaid decision of the Assessing Authority, filed appeals before the Tribunal. Tribunal accepted the appeals and set aside the judgment impugned before it. It was held that since the wholesale price was ascertainable at the factory gate, as per the statutory provisions (then existing), duty has to be levied on the basis of that price only. We do not find any infirmity in the decision of the Tribunal. 5. In Union of India and Others v. Bombay Tyre International Ltd & Others [1984 (l) SCC 467 (Page 492, Paras 26 & 27)], this Court held : "26. Accordingly, we hold that pursuant to the old Section 4(a) the value of an excisable article for the purpose of the excise levy should be taken to be the price at wh....