2007 (3) TMI 269

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Section 35L of the Central Excise Act, 1944 against the judgment of the Customs, Excise and Gold (Control) Appellate Tribunal, dated 8th October, 2001. The appellant-assessee sold during the relevant year sugar molasses at the rate of Re. l/- per quintal. According to the Department, during the relevant year, the Bihar Government had statutorily fixed the price of the said commodity at Rs. 15/- p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... It is contended on behalf of the assessee that under the said 1947 Act, the State Government had not statutorily fixed the control price. According to the assessee, under the said Act, an outer ceiling limit was prescribed and that the assessee was free to sell molasses at a price within the range of Rs. 1/- to Rs. 15/- per quintal. In the circumstances, according to the assessee, proviso (ii) t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Act, as it stood at the relevant time, seeks to value the goods on the normal price. Generally, the normal price concept is equated to the actual price charged except in three exceptional circumstances indicated by the three provisos. In the present case, proviso (ii) is not applicable since under the Bihar Molasses (Control) Act, 1947, there is no fixed control price stipulated. As stated above,....