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2007 (11) TMI 220

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..... & no interest was earned on such deposit & therefore the price can’t be said to have been influenced by amount of deposit - held that price in such a case can’t be considered as been influenced by notional interest earned on the deposit - E/1700-1701/2006 - A/875-876/2007-WZB/C-I(EB) - Dated:- 20-11-2007 - Ms. Jyoti Balasundaram, Vice-President and Shri K.K. Agarwal, Member (T [Order per .....

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..... d in Order No. A/1554/WZB/2005/EB/C-I dated 10-11-2005 wherein the Tribunal following the Apex Court decision in the case of CCE v. ISPL Industries Ltd ., 2003 (154) E.L.T. 3 (S.C.) has held that in the absence of any evidence to the effect that there was a nexus between the notional interest earned on the advances and the price of the goods, the same cannot be included in the assessable value. .....

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..... en the price can be considered to have been influenced by that much of the amount which is not been paid as interest to customer. In view of this, it was submitted that following these decisions, the matter should be remanded back to the Commissioner(Appeals) to determine whether the price was so influenced or whether interest was earned or not. 3. We have considered the submissions. We find t .....

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