Law:

Section:

Central Excises and Salt Act (I of 1944) - S. 4(1)(2) Sched., item No. 53(a)(b) [as amended by Finance Ordinance (XVI of 1969) and Finance Ordinance (XI of 1970)Levy of duty-Scheme and object of S. 4(2)-Retail price-Concept"Retail price inclusive of all charges and taxes" - Duty levied on ad valorem basis and on "retail price"-"Basis"-"Retail price" to be fixed by manufacturer himself at his discretion after including all charges. and taxes-Availability of article at such price an essential ingredient of "retail price" fixed by manufacturer-Assessing Officer is to determine question whether such retail price has been printed on each item so as to attract beneficial provisions of Scbed., item No. 53(a) of Act-View of Assessing Officer that price printed by manufacturer on his goods cannot constitute retail price within meaning of S. 4(2)--Case would not fall under category of articles chargeable with duty at rate dependent on "retail price" but would fall under S. 4(1) and would be assessed on value of article-Retail price in relation to goods of particular brand or variety to be determined by standard laid down in S. 4(2)-Artificial or arbitrary price fixed by manufacturer having no reference to general body of consumers as in case of contract based on special business relationship between parties would clearly not be "retail price"-Sale by special contract-Sale by special contract, if considered as a sale to general body of consumers, where all charges were not included in retail price fixed and printed-Manufacturer not entitled to be assessed at reduced level but on ad valorem basis under Sched.; item No. 53(b) read with S. 4(1) of Act-Manufacturer offering same type of goods to general body of consumers at much higher prices than contracted prices but further fixing notionally price for purpose of excise duty still at lower rates by deducting charges-Held, since two retail prices were fixed for same variety of goods assessing authority was within legitimate bounds of law to fix retail price at higher rate for assessment of duty in accordance with Schedule, item 53~1)(b) read with S. 4(1) of Act-Assessing Authority, however, assessing manufacturer at contract…

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