2007 (2) TMI 385 - AT - Central Excise

Summary

Issues:
Determining whether notional interests on advances are additional consideration from customers and should be included in the assessable value of goods.

Analysis:
The judgment pertains to multiple appeals arising from a common impugned order. The central issue is whether notional interests on advances constitute additional consideration from customers, thereby necessitating their inclusion in the assessable value of goods manufactured and cleared by the respondents during the relevant period. The tribunal, comprising Ms. Jyoti Balasundaram and Shri K.K. Agarwal, deliberated on the matter.

Upon hearing the learned SDR and counsel for M/s. Jasco Engineering, the tribunal observed a lack of representation for other respondents despite notice. The tribunal noted the absence of any finding indicating that the price of goods had been influenced by interest-free advances provided by buyers to the manufacturer. Notably, no nexus had been established between the advances and the assessable value. The tribunal emphasized that the burden of proof rested with the department to demonstrate that the price of goods was affected due to interest-free advances. Citing the Apex Court's judgment in CCE, Mumbai v. ISPL Industries Ltd., the tribunal held that no presumption could be made solely based on interest-free advances, and it was incumbent upon the Revenue to establish any such influence on pricing.

In line with the aforementioned legal precedent, the tribunal upheld the impugned order and dismissed the appeals. Additionally, the tribunal rejected the Revenue's plea for remand to ascertain whether the advances received were utilized as working capital, hence necessitating their inclusion in the assessable value. This rejection was based on the absence of supporting evidence in the records indicating such utilization of the advances. The judgment, delivered by Vice-President Jyoti Balasundaram, concluded the matter in court.