SHANKAR LAL AGARWALLA Vs. COLLECTOR OF CENTRAL EXCISE

JUDGEMENT

(1.) The petitioners carry on business in co-partnership as manufacturers of rubber and canvas good, including shoes, under the name of Olympia Rubber Works, at No. 10, Paymental Garden Lane, within the Municipal limits of Calcutta.

(2.) Under the Finance Act, 1954, footwears became dutiable under the Central Excise and Salt Act, 1944, at the rate of 10% ad valorem. How this value is to be determined appears from Section 4 of the Central Excise and Salt Act, which reads as follows :

(3.) Being large scale manufacturers of footwears, the petitioners say special arrangement was made for collection of excise duty from them. According to the petitioners, they used to submit price lists of goods manufactured by them to the Central Excise authorities, from time to time and also used to make known to them the changes in the price structure. The Central Excise authorities, according to the petitioners used to approve of such lists at first provisionally and later on after market verification finally and used to assess excise duties on the basis of the approved list.