ORDER : 1. Heard counsel for the parties. 2. The question involved in these appeals, as answered by the Customs, Excise and Service Tax Appellate Tribunal, Chandigarh, is essentially founded on the facts of the present case. 3. The argument of the appellant is that the mandate of Section 4A(2) obligates the taxing authority to assess the excise duty only in reference to the market selling price printed on the packing of the product. 4. In our opinion, this submission clearly overlooks the purport of expression “retail sale price” occurring in Section 4A. The non obstante clause in Section 4A(2) will have to be construed in the context of the meaning of the expression "retail sale price" as elaborated in explanation (1). Taking that into account, the conclusion reached by the Tribunal needs no interference. 5. Hence, the civil appeals are dismissed. 6. After this order was dictated, Mr. Alok Yadav, learned counsel appearing for the appellant vehemently pleaded that at least the penalty imposed may be waived as the appellant had proceeded on the basis of its understanding of Section 4A. We do not wish to dilate on this submission. 7. If the appellant so desires, he may make a representation to the authority for waiving the penalty, which application can be considered by the appropriate authority on its own merits. 8. Pending applications, if any, stand disposed of.