Central Excise (Determination of Retail Sale Price of Excisable Goods) Rules, 2008:
Central Excise (Determination of Retail Sale Price of Excisable Goods) Rules, 2008 determine the retail sale price of any excisable goods under sub-section (4) of section 4A of the Act.
Rule 4 provides that where a manufacturer removes the excisable goods:
(a) without declaring the retail sale price on the package or
(b) by declaring the retail sale price, which is not the retail sale price as per law or
(c) by declaring the retail sale price but obliterates the same after their removal ,
then, the retail sale price of such goods shall be
retail sale price of identical goods manufactured by the manufacturer and removed within a period of one month, before or after removal of such goods,
otherwise, it shall be ascertained by conducting the enquiries in the retail market at or about the same time of the removal of such goods.
However, if more than one retail sale price is ascertained, then the highest of the retail sale price, so ascertained, shall be taken as the retail sale price of all such goods.
It has been clarified that where the retail sale price is required to be ascertained based on market inquiries, the said inquiries shall be carried out on sample basis.
Rule 5 provides that where a manufacturer alters or tampers the retail sale price declared on the package of goods after their removal from the place of manufacture, resulting into increase in the retail sale price, then such increased retail sale price shall be taken as the retail sale price of all goods removed during a period of one month before and after the date of removal of such goods. However, where the manufacturer alters or tampers the declared retail sale price resulting into more than one retail sale price available on such goods, then, the highest of such retail sale price shall be taken as the retail sale price of all such goods.
Rule 6 further provides that if the retail sale price of any excisable goods cannot be ascertained under these rules, the retail sale price shall be ascertained in accordance with the principles and the provisions of section 4A of the Act and the rules aforesaid.