ORDER

S.H. Kapadia, J. - 1. This civil appeal is filed by M/s. New Swadeshi Sugar Mills under Section 35L of the Central Excise Act, 1944 against the judgment of the Customs, Excise & Gold (Control) Appellate Tribunal, dated 8th October, 2001. The appellant-assessees old during the relevant year sugar mol asses at the rate of Re.1/-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/- per quintal and, therefore, the assessable value ought to have been calculated at the rate of Rs. 15/-per quintal which was a statutorily fixed price under the Bihar Molasses(Control) Act, 1947. It needs to be stated that sugar is an essential commodity under the Essential Commodities Act. The Tribunal has accepted the case of the Department. Aggrieved by the said decision, the assessee has come in appeal.

2. It is the case of the assessee that it has sold the mol assesat Re.1/- per quintal. That, was permissible under the Bihar Molasses (Control) Act, 1947.According to the assessee, under the said Bihar Molasses(Control)Act, 1947, it was stipulated that no owner, manager or occupier of a factory shall