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2011 (5) TMI 752

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..... law was shown to us for appreciation. Once the deciding factor is lapse of time in between the delivery of goods and realization of money, that becomes basis for calculation of interest in respect of each amount involved in the invoice concerned, order of the appellate authority set aside and appeal allowed - E/1681/2005 and E/3906/2006 - 447-448/2011-EX(PB), - Dated:- 25-5-2011 - S/Shri D.N. P .....

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..... , came to the conclusion that the interest on receivable is to be deducted while determining assessable value. This is patent from para 9 of the judgment. For calculation of interest and to ascertain its quantum para 10 of the judgment has dealt with that aspect. Hon ble Court has also remanded the matter to ascertain claim of receivable on the basis of time lapse between the delivery of goods and .....

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..... alue based, that has been held to be admissible deduction. Once the claim of the appellant is in relation to the time elapsed to recover the consideration of sale, the appellant cannot be denied of deduction. 3. Shri L.P. Asthana, learned Counsel submits that the appellant requires direction for deduction of interest receivable in respect of the amount involved in each invoice without any arbitr .....

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..... lt with the case where there was no clear evidence of price charged by assessees. But that is not the case in the present appeal. Therefore, the citations made by Revenue are misplaced. 6. There being no dispute about the admissibility of deduction of interest on receivables from the assessable value in the case of the appellant and the matter having been well settled by the judgment of Apex Cou .....

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