9911796707
TMI Blog1977 (8) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 worked out from the retail price by reducing the latter by such amount as is necessary and reasonable to arrive at the wholesale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rence 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 Assistant Collector was based on four Show Cause Notices issued by the Superintendent, who had asked the appellants to show cause to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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-manufacturing expenses. The Assistant Collector has failed to examine the first aspect namely the determination of value on the basis of Rule 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 order passed by his predecessor, I observe that duty in all the four Show Cause Notices has been demanded under Rule 10 of the Central Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
