RAMCO INDUSTRIES LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition has been filed under Article 226 of the Constitution of India, whereby the petitioners challenge the orders Annexure-G and H. By the aforesaid orders the method of assessment has been reviewed by the authorities concerned.

(2.) PETITIONER No. 1 is a duly incorporated company under the Companies Act, 1956. It is engaged in the business of manufacturing various types of asbestos cement products. It has set up its industry in the backward area of Makshi, district Shajapur. By virtue of the fact that petitioner No. 1 has set up its industry in backward area, the State Government has granted certain incentives to the petitioner No. 1 industry. The initial period of the said incentives expired on 17-3-1996, but has been extended further by the State Government, for a further period of two years, therefore, it is still enjoying the said benefits.

(3.) THE products which are being manufactured by the petitioner No. 1 Company are excisable goods, which fall under Heading No. 68. 04 of the Central Excise Tariff Act. The rate of duty is 25 per cent ad valorem on the price of the goods at the factory gate. In addition to this there is also special excise duty leviable on the goods, which is to the tune of 10 per cent of the basic excise duty. Petitioner was required to file a price list under Rule 173c of the Central Excise Rules (for short the Rules ). This is to be submitted to the Assistant Commissioner, Central Excise, having jurisdiction in the matter. He then, in turn, is required to determine the assessable value as per Section 4 of the Central Excises and Salt Act, 1944 (for short the Act ).