Per Dr. Chittaranjan Satapathy:

This Bench has been constituted to reconsider the earlier decision of the Tribunal in the case of CCE, Daman Vs. Kraftech Products Inc. - 2005 (66) RLT 346 (CESTAT-Del)=2004 (174) ELT 396 (Tri.-Del) in view of the majority order in this case opining that such a reconsideration is necessary in the light of decision of the Honourable High Court of Madras in the case of Varnica Herbs vs. C.B.E. C, New Delhi - 2004 (163) ELT 160 (Mad.) We have heard both sides at length.

2. The dispute relates to method of valuation applicable to the impugned goods, namely 'Godrej' brand hair dye in pack of 3 sachets of 3 gms each. It is the contention of Revenue that such packs are required to be valued on the basis of maximum retail price (MRP) under section 4A of the Central Excise Act, 1944 (CEA) whereas respondents argue that they have correctly valued the goods under section 4 of CEA as section 4A does not apply to such goods.

3. Section 4A of CEA reads as under:-

"SECTION 4A. Valuation of Excisable goods with reference to retail sale price.- (1) The Central Government may, by notification in the official Gazette, specify any goods, in relation to which it is re