9911796707
TMI Blog2006 (8) TMI 495X X X X Extracts X X X X X X X X Extracts X X X X ..... vocate, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - These appeals are against orders passed by the appellate Commissioners holding that notional interest on advances received from buyers did not form part of the assessable value of the goods sold to them by the assessees. The appellate authorities, in the impugned orders, relied on the Apex Court's ruling in VST Industries Limi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the above Board's circular is not applicable to valuation of tailor-made goods. Ld. SDR reiterates these averments and relies on the Tribunal's decision in the case of CCE v. Hafa Hoists and Cranes [2005 (180) E.L.T. 510 (Tri.-Mum)], wherein it was held that, where the goods under valuation were manufactured as per specifications of customers, the burden to prove that any advance received by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Grasim Industries Limited v. CCE [1999 (112) E.L.T. 492 (Tri.)] was followed and, accordingly, it was held that it was the Department's burden to show that there was nexus between the price of goods and any advance paid by the buyer so that notional interest on such advance could be included in the assessable value of the goods even where the goods were tailor-made. 3. After considering the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, are inclined to follow the decisions cited by ld. Counsel and to hold that notional interest on advance received by the respondents was not to be included in the assessable value of the goods in question. In our view, the decision cited by ld. SDR is per incuriam inasmuch as it did not take into account the view consistently taken by the Tribunal in its earlier decisions and also did no ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
