(A.M. Khanwilkar and C.T. Ravikumar, JJ.)
Venus Stampings Pvt. Ltd. ____________________________ Appellant;
v.
Commissioner of Central Excise Delhi IV ______________ Respondent.
Civil Appeal Nos. 63-66 of 2022 [Diary No. 4003 of 2019], decided on January 4, 2022
The Order of the court was delivered by
Order
1. Heard counsel for the parties.
2. The question involved in these appeals, as answered by the Customs, Excise and Service Tax Appellate Tribunal, Chandigarh, is essentially founded on the facts of the present case.
3. The argument of the appellant is that the mandate of Section 4A(2) obligates the taxing authority to assess the excise duty only in reference to the market selling price printed on the packing of the product.
4. In our opinion, this submission clearly overlooks the purport of expression “retail sale price” occurring in Section 4A. The non obstante clause in Section 4A(2) will have to be construed in the context of the meaning of the expression “retail sale price” as elaborated in explanation (1). Taking that into account, the conclusion reached by the Tribunal needs no interference. Hence, the civil appeals are dismissed.
5. After this order was dictated, Mr. Alok Yadav, learned counsel appearing for the appellant vehemently pleaded that at least the penalty imposed may be waived as the appellant had proceeded on the basis of its understanding of Section 4A. We do not wish to dilate on this submission.
6. If the appellant so desires, he may make a representation to the authority for waiving the penalty, which application can be considered by the appropriate authority on its own merits.
7. Pending applications, if any, stand disposed of.
CIVIL APPEAL Diary No(s). 4003/2019
M/s. Venus Stampings Pvt. Ltd ________________________ Petitioner
v.
Commissioner of Central Excise Delhi IV _______________ Respondent
IA No. 6698/2020 – CONDONATION OF DELAY IN FILING
IA No. 6699/2020 – CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS)
Date: 04-01-2022 These matters were called on for hearing today.
(Before A.M. Khanwilkar and C.T. Ravikumar, JJ.)
For Petitioner(s) Mr. Ayush Sharma, AOR
For Respondent(s) Mr. Balbir Singh, ASG
Mr. Mukesh Kumar Maroria, AOR
Ms. Aruna Gupta, Adv.
Mr. Manish, Adv.
Mr. Shyam Gopal, Adv.
Mr. Mohd. Akhil, Adv.
UPON hearing the counsel the Court made the following
ORDER
8. Delay condoned.
9. The appeals are dismissed in terms of the signed order.
10. Pending application(s), if any, stands disposed of.
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