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M.R.F. Ltd vs Collector Of Central Excise, Madras on 27 January, 2004

It is also not disputed by the Appellants that the MRP declared by them at the time of importation was not the same at which the goods were sold by them subsequently. This fact has been admitted by Shri Dipak Agarwal, Financial Controller of the Appellants, in his statements. Accordingly, the appellants are liable to discharge their duty liability on the basis of actual MRP at which the impugned goods are sold and not on the basis of MRP declared by them in haste without actually determining the same after taking into consideration the various factors such as landed cost and profit, etc. The ratio of the decision in the case of MRF Ltd., supra, is not applicable as the facts are entirely different.
Supreme Court of India Cites 2 - Cited by 53 - Full Document

I.T.C. Ltd vs Commissioner Of Central Excise, New ... on 10 September, 2004

In ITC case the Appellants had cleared cigarettes manufactured by them after paying excise duty on the basis of the Maximum Retail Price printed by them on each cigarette packet. In the present matter the Appellants have changed the MRP. We, therefore, hold that there was a misdeclaration of MRP at the time of import and as such we uphold the demand of duty, liability of the impugned goods for confiscation and liability of the Appellants for penal action.
Supreme Court of India Cites 42 - Cited by 61 - R Pal - Full Document
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