Per G.P. Agarwal : This Larger Bench has been constituted to consider the following question:

"Whether on facts and circumstances, the limitation prescribed under Section 35E(3) of Central Excise and Salt Act should be in accordance with Section 11A".

2. Shortly put the brief facts leading to the constitution of the Larger Bench to consider the aforesaid question are that the appellants M/s. Asian paints (India) Limited manufacture Enamels and Varnishes. Till 20.12.1978, they were assessed on the basis of invoice value. From 21.12.1978 they switched over to assessment on the basis of manufacturing cost and profit, and claimed assessment on that basis. The Superintendent approved the prices provisionally by his letter dated 20.11.78. However, this provisional assessment was finalised by the Assistant Collector on the basis of wholesale prices on 18.9.1979. Against that order of the Assistant Collector the appellants filed the appeal. The Collector (Appeals) allowed the appeal and remanded the case to the Assistant Collector for de novo adjudication. On remand a Show Cause Notice dated 2.7.1983 proposing to reject the claims of the appellants made in the price list, namely, (1) th