(b)
For the purpose of assessing the duty on any imported goods entered in terms
of item 412.18 of Schedule No. 4 on removal from a duty warehouse and any goods manufactured in Swaziland and specified in items 122.10 to 122.40 of Section B of Part 2 of
Schedule No. 1, the value thereof shall be, in a sale between —
(i) a manufacturer as seller and an independent bulk buyer or a buyer purchasing
at a preferential price or other reseller as purchaser, the highest price (but excluding the excise duty payable in terms of Section B of Part 2 of Schedule No.
1) at which the manufacturer sells such goods at factory to an independent retail
dealer, without any deduction except a cash discount not exceeding two and a
half per cent, if any, plus the cost of packing and packages and all other expenses incidental to placing the goods on rail for delivery to the purchaser;
(ii) a manufacturer and consumer or between a wholesale dealer or retail dealer or
other reseller as seller and an independent retail dealer or end consumer as
purchaser, the highest price (but excluding the excise duty payable in terms of
Section B of Part 2 of Schedule No. 1) at which such goods are sold by any
such seller to an end consumer without any deduction except thirty-three and a
third per cent, plus the cost of packing and packages and all other expenses incidental to placing the goods on rail for delivery to the purchaser.
For the purposes of this subsection the Commissioner may specify —
(c)
(i) the quantity which shall be deemed to be the usual wholesale quantity;
(ii) the packing which shall be deemed to be the usual packing ready for sale in the
retail trade;
(iii) the cost of packing or packages or any other expenses incidental to placing the
goods on rail.
(2) (a) For the purpose of assessing the excise duty on any goods specified in Section A of Part 2 of Schedule No. 1, the value thereof shall be the price paid or payable for
such goods when sold for home consumption in the ordinary course of trade, in the usual
trade packing, where applicable, to any buyers not deemed to be related as specified in section 66(2)(a), plus any non-rebated excise duty payable in terms of Section B of Part 2 of
Schedule No. 1, but excluding the non-rebated excise duty payable in terms of Section A of
Part 2 of Schedule No. 1 on such goods.
(b)
For the purpose of paragraph (a) “price paid or payable”, means the total
payment made or to be made, either directly or indirectly, by the buyer to or for the benefit of
the seller for the goods, but does not include dividends or other payments passing from the
buyer to the seller which do not directly relate to the goods.
(3) If in the opinion of the Commissioner goods are sold or otherwise disposed of under
such conditions that the value thereof cannot be ascertained in terms of subsection (1)(a),
(1)(b) or (2), as the case may be, the Commissioner may determine a value, which shall,