2004 (10) TMI 220 - AT - Central Excise

Summary

Issues: Inclusion of interest accrued on advances in assessable value; Nexus between advance received and price charged.

Inclusion of interest accrued on advances in assessable value:
The judgment dealt with the issue of whether interest accrued on advances should be included in the assessable value. The ld. JDR argued that as per Board Circulars, the interest accrued was liable to be included. It was contended that the assessee failed to demonstrate that the interest amount on advances was adjusted against the price at the time of delivery, establishing a nexus between the advance received and the price charged. After hearing the arguments and perusing the records, the appeal filed by the revenue was allowed, citing the Supreme Court decision in Metal Box India v. CCE, Madras.

Nexus between advance received and price charged:
The judgment further delved into the issue of the nexus between the advance received and the price charged. The Commissioner (Appeals) initially found that the adjudicating authority confirmed that the appellants manufactured tailor-made items with different prices. It was noted that the Commissioner erred in concluding that the burden was on the department to prove the nexus between the lowering of the price and advances. Citing the Supreme Court decision in Commissioner of Central Excise, Mumbai-III v. I.S.P.L. Industries Ltd., it was highlighted that when there are different prices based on advances made, the burden to prove that the lower price was influenced by interest-free advances lies with the revenue. As the prices were acknowledged to be different due to being tailor-made, the revenue was required to establish that the advances had no nexus with the price charged. Consequently, the revenue's appeal was allowed based on these findings.