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TMI Blog2006 (8) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... –Notional interest on advance not to be included in valuation of tailor made goods - Appeal No.E/1594/1999-MAS - Final Order Nos. 744-745/2006 - Dated:- 14-8-2006 - Order per P.C. Chacko 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he goods under valuation are tailor-made goods, comparable prices are not available and hence it is not possible for the department to prove nexus as above It is stated that 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, Mumbai Vs. Hafa Hoists and Cranes, 2005 (66) RLT 753 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sa Hajee Patrawala Vs. CCE, Mumbai, 2001 (138) ELT 290 (Tri.-Mum.) ii. Electro Pneumatics Hydraulics (I) Ltd. Vs. CCE. 2003 (151) ELT 213 (Tri.) In both the cited cases, the earlier decision in Grasim Industries Limited Vs. CCE, 1998 (27) RLT 210 (CEGAT) =1999 (112) ELT 492 (Tri.) accordingly, it was held that it was the Department's burden to show that there was nexus between the price of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... include such interest in the assessable value, it is for them to establish the basis for such inclusion. This burden cannot be shifted to the assessee by mere reason of the goods being tailor-made. We, 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 be included in the assessable value of the good ..... X X X X Extracts X X X X X X X X Extracts X X X X
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