2014 (1) TMI 113

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..... ENT Per. Archana Wadhwa :- The appellants are engaged in the manufacture of fabricated steel structural falling under Chapter 73 of Central Excise Tariff Act, 1985. While, executing a specific contracts with customers M/s Telecommunication Consultant India Ltd., they secured an advance from them at the interest rate of 10%. Revenue's contention is that the ongoing market rate was 18% and if the .....

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..... e price of the said goods. The Hon'ble Supreme Court in the case of CC, Mumbai -III vs. ISPL Industries Ltd. reported in 2003 (154) E.L.T. 3 (S.C.) has held that no presumption can be drawn by mere fact of interest free advance by the buyer to the manufacturer and such depression in prices on account of advances, is required to be proved by the Revenue. In the present case, we find that even the a .....

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