2007 (11) TMI 220

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..... involved in the current appeal is regarding inclusion of notional interest on the deposits taken by the appellant in respect of goods manufactured by them. It is the appellant's contention that the revenue has failed to establish that there was any nexus between taking of advances and the price of the goods. They had also made an averment in the grounds of appeal that the amount taken as deposit .....

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..... s Tnbunal has in the case of CCE v. Hafa Hoists & Cranes - 2005 (180) E.L.T. 510 held that in those cases where the goods are made on tailor made basis and the price is only one, the burden to prove that there is no nexus lies upon the assessee and since such burden has not been discharged by the respondent it has to be presumed that the price was influenced by the deposit taken by them. It was su .....

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..... ssessee must have earned interest on the security deposit which was not refunded or recredited to the buyer leading to the pecuniary advantage of the assessee and accordingly, the price is said to have been influenced by the interest so earned. We find that the appellant has made a positive assertion in its grounds of appeal that the amount was deposited by them in the current account and no inter .....

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