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TMI Blog2012 (10) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... sit granted - E/1605/2010 - S/736/2011-WZB/C-II(EB) - Dated:- 27-9-2011 - S/Shri Ashok Jindal, P.R. Chandrasekharan, JJ. REPRESENTED BY : Shri Gajendra Jain, Advocate, for the Appellant. Shri A.K. Prabhakar, JDR, for the Respondent. [Order per : P.R. Chandrasekharan, Member (T)]. This appeal and stay application are directed against order-in-original No. 125/04/V/2010/ COMMR/ KS dated 3-6-2010 passed by the Commissioner of Central Excise (Appeals), Mumbai-V. 2. The facts for consideration in this case are as follows :- 2.1 The appellant M/s. XAL Engineering (I) Pvt. Ltd., (assessee in short) are manufacturers of goods falling under Chapter 84 and 39 of the Central Excise Tariff. The appellant/assessee manufactured ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nature of general advances and it does not constitute the working capital of the company. 2.2 The adjudicating authority wanted to see the records based on which the Chartered Accountant gave the above certificate. However, the appellant did not produce this information and instead informed the adjudicating authority that the records could be summoned from the Chartered Accountant directly. Inasmuch as the appellant did not produce the records as sought by the adjudicating authority, the adjudicating authority confirmed the duty demand amounting to Rs. 13,17,479/- by inferring that the appellant s receipt of advance from Cipla influenced the price of the goods supplied and, therefore, the transaction value cannot be accepted as such. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue. 4. The ld. DR appearing for the Revenue reiterates the findings given in the order of the adjudicating authority. 5. We have carefully considered both the submissions. 6. As regards includibility of notional interest on advances received from the customers, Rule 6 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 itself makes it clear that where an assessee receives any payment from the buyer against delivery of any excisable goods, no notional interest on such advance shall be added to the value unless the Central Excise Officer has evidence to that effect that the advance received has influenced the fixation of price of the goods by way of charging a lesser price or by offering of special d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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