RULE 173C. Procedure regarding valuation of goods assessable ad valorem

-(1) Every assessee who produces, manufactures or warehouses goods which are chargeable with duty at a rate dependent on the value of the goods and removes or clears such goods as provided in rules 9, 49, 144, 152 and 157, shall declare the value under section 4 of the Act of such goods in the documents such as sales invoice, invoice-cum-challan or like documents used by him for sale or removal of goods:

Provided that –

(i) such documents shall indicate separately the value of goods under section 4 of the Act and the duty paid as provided under section 12A of the Act- ,
(ii) that such documents also contain a declaration of the price;
(iii) that such documents also indicate, wherever applicable, individually the central excise duty , other taxes, all discounts and other consideration if any, for the difference between the price and the value of the goods under section 4 of the Act;
(iv) that such documents also indicate the date and time of removal of the goods:

Provided further that where an assessee, -

(i) sells goods to or through related persons as defined in section 4 of the Act; or
(ii) uses such goods for manufacture or production of other goods in his factory; or
(iii) removes such goods for free distribution; or
(iv) removes such goods in any other manner which does not involve sale; or
(v) removes goods of the same kind and quality from his factories located the jurisdiction of different Commissioners of Central Excise or

Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise,

he shall file, with the proper officer a. declaration, in such form and in such manner and at such interval as the Central Board of Excise and Customs or Commissioner of Central Excise may require, declaring the value of the goods under section 4 of the Act, the duty and other elements constituting the price of such goods long with such other particulars as the Central Board of Excise and Customs or the Commissioner of Central Excise may specify .

(2) The assessee shall certify in each such document that the amount indicated in such document represents the price actually charged by him and that there is no additional consideration flowing directly or indirectly from such sales over and above what has been declared.

(2A) Every assessee who produces, manufactures or warehouses goods notified under Section 4A of the Act shall file with the proper officer a declaration in such form and in such manner and at such interval as the Central Board of Excise and Customs may specify, declaring the retail sale price of such goods, amount of abatement, if any on such sale price and such other particulars as may be specified by the said Board.

(3) The proper officer, duly empowered by the Central Government under section 14 of the Act, may, where he considers it necessary during the course of any enquiry in connection with the declaration made in the documents referred to in sub-rule (1) or sub-rule (2A) by an assessee, -

(a) require any person to produce or deliver any document or thing relevant to the enquiry; and
(b) examine any person acquainted with the facts and circumstances of the particulars declared in such documents or other records, in the manner provided in section 14 of the Act.
(3A) The assessee shall declare to the proper officer his marketing pattern, discount structure and such other particulars in such form and in such manner and at such intervals as the Central Board of Excise and Customs or Commissioner of Central Excise may require.

(4) The proper officer may after such further enquiry as he may consider, reassess following the provisions of section 11A of the Act and the assessee shall pay the deficiency, if any.