CUSTOMS, EXCISE AND GOLD (CONTROL) APPELLATE TRIBUNAL, NEW DELHI
F.S. Gill, G. Sankaran, H.R. SYIEM, JJ.
Collector of Central Excise, Madras -Appellant
Versus
Madras Rubber Factory Ltd. -Respondent
Order No. 62/84-A
Decided On : 01-02-1984
N.V. Raghavan Iyer, Mahesh Kumar,F.S. Nariman, V.J. Taraporewala
G. Sankaran, Member (J)
1. The present proceedings arise out of a Show Cause Notice dated 6th October, 1980 issued by the Central Government to M/s. Madras Rubber Factory Ltd., Madras (hereinafter referred to as MRF) under Section 36(2) of the Central Excises 5c Salt Act, 1944 (hereinafter referred to as the Act). The notice was in relation to Order-in-Appeal No. 1215/80 dated 21-4-1980 passed by the Appellate Collector of Central Excise, Madras, whereby the Appellate Collector disposed of the appeal before him against the order of adjudication dated 24-1-1978 passed by the Assistant Collector of Central Excise, Madras.
2. The proceedings initiated with the issue of the aforesaid Show Cause Notice came to be transferred to this Tribunal in terms of Section 35P(2) of the Central Excises
3. The Supreme Court, in Special Leave Petition (Civil) Nos. 1409-10/77, 10108/80
3a. In pursuance of the directions of the Supreme Court the appellant and the respondent have filed documents in support of their respective stands.
4. Consequent on the coming into force of the new Section 4 of the Central Excises
5. The Assistant Collector, however, considered that the assessable value had to be determined in terms of Valuation Rule 7 since, in his view, the sales were whole-sale other than ex-factory.
6. By a letter dated 1-10-1975 addressed to the MRF, the Assistant Collector stated that since the dealers who purchased goods from MRF would re-sell them in retail, the prices at which MRF sold the goods to the dealers could not be treated as retail prices. He also stated that the sale to industrial consumers and State Transport Organisation, Government, etc., should be deemed as whole-sale in view of the definition