2011 (3) TMI 59 - AT - Central Excise

Notional interest - As per the decision of Hon ble Apex Court in the case of VST Inds. (1998 -TMI - 44800 - SUPREME COURT OF INDIA), held that notional interest on advances made by the customers is not includable in the sale price unless the department is established that the such an advance payment has depressed the sale price and that such consideration is having a nexus to the sale price of the excisable goods - Here department has failed to establish the fact, hence appeals filed by the Revenue are rejected

Summary

Issues:
Appeal against duty demand of differential value for notional interest on advances received by respondent. Inclusion of notional interest in assessable value of goods manufactured and cleared.

Analysis:
The Revenue appealed against orders dropping duty demand on notional interest added to the amount received by the respondent from customers. The issue revolved around whether the notional interest on advances from customers should be included in the assessable value of goods. The Hon'ble Apex Court's decision in the case of VST Inds. established that notional interest is not part of the sale price unless a nexus between advance payment and sale price is proven. The Board and CBEC circular also emphasized the need for establishing this nexus, placing the onus on the department.

The Tribunal found that the department failed to prove that the advances received by the respondent depressed the sale price of excisable goods. Without this proof, the impugned orders were upheld, rejecting the Revenue's appeals. The decision highlighted the importance of establishing a clear nexus between advances taken and prices charged. The cross objection was also disposed of accordingly, maintaining the stance that notional interest should not be included in the assessable value without a demonstrated impact on sale prices.