Central Excise Act, 1944
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 required, under the
provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) or
the rules made thereunder or under any other law for
the time being in force, to declare on the package thereof the retail sale
price of such goods, to which the provisions of sub-section (2) shall apply.
(2) Where the goods specified under sub-section (1) are
excisable goods and are chargeable to duty of excise with reference to value,
then, notwithstanding anything contained in section 4, such value shall be
deemed to be the retail sale price declared on such goods less such amount of
abatement, if any, from such retail sale price as the Central Government may
allow by notification in the Official Gazette.
(3) The Central Government may, for the purpose of allowing any
abatement under sub-section (2), take into account the amount of duty of
excise, sales tax and other taxes, if any, payable on such goods.
[32a Explanation 1 : For the purpose of
this section, "retail sale price" means the maximum price at which
the excisable goods in packaged form may be sold to the ultimate consumer and
includes all taxes local or otherwise, freight, transport charges, commission
payable to dealers, and all charges towards advertisement, delivery, packing,
forwarding and the like, as the case may be, and the price is the sole
consideration for such sale. 32a ]
Explanation 2 : Where on any
excisable goods more than one retail sale price is declared, the maximum of
such retail sale price shall be deemed to be the retail sale price for the
purposes of this section. 32 ]