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TMI Blog1997 (5) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... J)]. The short point to be considered in the instant case is whether notional interest on deposit is to be included in the assessable value of goods manufactured and cleared by the assessees. 2. Heard both the sides. 3. In the case of Metal Box India Ltd., reported in 1989 (39) E.L.T. 79, the Tribunal has taken the view that interest on deposit is to be included in determining the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as to bring down the value due to collection of advance deposit from the customers . He submitted that in view of the observations made by the Supreme Court in the case of Metal Box India Ltd., it is clear that burden lies on the department to prove that there was a link between interest on deposit and value of excisable goods and particularly in the present case in view of the clear finding by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ween Rs. 20,000/- to Rs. 25,000/-, a part of which was received as advance and retained for about a month. Though the total amount of advance collected during four years ranged from Rs. six and odd crores to Rs. ten and odd crores, they were received not from a single or a few buyers, but proportionately from all buyers. The Department did not marshal any evidence to show that a part of the price ..... X X X X Extracts X X X X X X X X Extracts X X X X
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