Judgment

R. M. SAHAI, J.:- The short question of law that arises for consideration in this appeal directed against the judgment and order of the Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi, is whether the classification and the price list accepted by the Department and acted upon, found subsequently to be erroneous, is to be applied prospectively or retrospectively.

2. The appellant, a manufacturer of dyestuff, filed a price list in Part IV pro forma as applicable for sales to related persons. The price list showed various includible and excludible expenses as well as assessable value as claimed by the appellant. This was approved by the Department on 6th December 1975 and the assessable value as declared was accepted. The approval was to be effective from 1st October 1975. After nearly a year the Assistant Collector issued a show cause notice requiring the appellant to show cause as to why the net assessable valaue as per the method shown in the annexure should not be revised and differential duty recovered from the appellant. The reply of the appellant was not accepted either by the Assistant Collector or by the appellate Collector or the Tribunal. In fact before