V.T. Raghavachari, Member (J)

1. M/s. Voltas Limited manufacture, amongst other things, diesel and battery operated fork lift trucks, falling under tariff item 34-B C.E.T. In the price list filed by them in proforma part V, which is meant for excisable goods for sale in retail, they claimed deduction of selling and administrative expenses and interest on working capital. The deduction claimed was at 9.66% for diesel fork lift trucks and 10.49% for battery operated fork lift trucks. The Assistant Collector in approving the price list held that the deduction claimed under the above heads was not covered by the provisions of Rule 6(a) of the Valuation Rules and was hence not admissible. He, however, held that he was permitting deduction to the extent of 7.5% on the retail prices declared. The assessee appealed and the Appellate Collector, under order dated 12.8.1976, set aside the order of the Assistant Collector on the ground that it was not a speaking order and that no opportunity had been given to the assessee to make representations before the Assistant Collector passed the order. He remitted the matter to the Assistant Collector for de-novo proceeding and passing a speaking a