1977 (8) TMI 154

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....ade before me by Shri Lachman Dev on 8-8-77. The submissions made in appeal both written and oral have been examined vis-a-vis the case records. The major submission is that the price of the goods manufactured by the appellants, which are sold by them in retail, should be determined under Rule 6 (a) of the Central Excises (Valuation) Rules, 1975. Under the above Rule the assessable value should be....

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....n of difference between the assessable value and the retail price of comparable goods. It was contended that in no case this difference would be less than 20%. The second argument in appeal is that their prices had been finally approved by the Superintendent on 14-4-1976. The assessments on R.T. 12 were also made on the basis of the finally approved prices as above. The impugned order of the Assis....

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....aspect was that the appellants had claimed deduction of post-manufacturing expenses on the basis of the judgment of the Supreme Court in the case of M/s. Atics Industries and Voltas case as also the judgment of the Maharashtra High Court in the case of Indian Tobacco Company. In arriving at his decision, the Assistant Collector has considered only the second aspect i.e. deduction of post-manufactu....

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....s are also manufactured by some other companies. The Assistant Collector has not enquired into this position. Under the circumstances the order of the Assistant Collector cannot be said to be correct in law because it is not in keeping with the legal provisions stated above. 3. With regard to the plea of the appellants that the Superintendent was not in his jurisdiction to review the final....