2001 (3) TMI 166

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....Nair, Member (T)]. - Appellants are manufacturers of photocopier. The photocopiers are sold only in retail. The issue involved in the present appeal is the valuation of photocopiers sold in retail for levy of Central Excise duty. The period involved is prior to the replacement of Section 4 of the Central Excise Act, 1944 on 1-7-2000. 2. The appellants claimed deduction of 28% from the retail pr....

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....ed that in the case of their competitors, namely, Modi Xerox Ltd. and M/s. B.E. Electronic Machines Pvt. Ltd. deduction at 28% had been allowed and the Supreme Court had approved the deduction at 28% in the case of Modi Xerox Ltd. vide the Apex Court's order in the case of Modi Xerox Ltd. v. Collector of Customs and Central Excise, 1998 (98) E.L.T. 12 (S.C.). The learned counsel took us to our Fin....

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.... price for the purpose of determining assessable value. 4. During the relevant period under Section 4 of the Central Excise Act, 1944, assessment was to be made on the wholesale price. In case the sale was in retail, wholesale price was to be worked out after giving the required deduction. Central Board of Excise and Customs under its instruction F. No. 312/1/75-CX. 10, dated 8-8-1975 advised f....