9911796707
TMI Blog2001 (11) TMI 662X X X X Extracts X X X X X X X X Extracts X X X X ..... This appeal has been filed by the Commissioner of Central Excise, Coimbatore against Order-in-Appeal No. 291/97 (CBE), dated 28-8-1997 passed by the Commissioner (Appeals), Trichy in which he has set aside the order of the AC on the ground that in the absence of any evidence brought on record to show that the advances taken by the appellants in fact depressed the price or that appellants had d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s are forming working capital of the manufacturer, therefore, it has to be added to the assessable value. 4. None appeared for the respondent assessee but they have sent a letter dated 29-10-2001 requesting that since the issues stands covered by the decision in the case of VST Industries v. CCE, Hyderabad reported in [1998 (97) E.L.T. 395 (S.C.)] and the Tribunal has dismissed Revenue appeal vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide the impugned order of the AC in earlier cases in the absence of any evidence brought on record to show that advances taken by assessee had in fact depressed the price or that the assessee had derived benefit by receipt of said advances particularly in the absence of quantification thereof. 7. We have perused the records and the impugned order and we notice that similar matters have already b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid down by the Hon ble Supreme Court in the case of VST Industries v. CCE, Hyderabad (supra), there is no merit in this appeal. We also observe that Revenue has not produced any evidence either before the Commissioner (Appeals) or before this Bench, and has not led any evidence that there is depression in the value because of these advances/security deposits. The fact that they have taken advance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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