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TMI Blog2017 (2) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... [2003 (4) TMI 99 - SUPREME COURT OF INDIA] to assert that in absence of any evidence of influence on the assessable value on account of such advances, the notional interest cannot be added to the assessable value - appeal allowed - decided in favor of appellant. - Appeal No. E/1009/97 - - - Dated:- 13-1-2017 - Shri Ramesh Nair, Member (Judicial) And Shri Raju, Member (Technical) Shri Rajes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) ELT 3 (SC) to assert that in absence of any evidence of influence on the assessable value on account of such advances, the notional interest cannot be added to the assessable value. 3. Learned AR relies on the impugned order. Learned AR relied on the decision of Hon'ble Apex Court in the case of Metal Box India Ltd. 1995 (75) ELT 449 (SC). 4. We have gone through the rival submissions. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been made by the buyer to the manufacturer which would lead to a presumption that it is to the advantage of the manufacturer having influenced the fixation of price as well. We, however, fail to appreciate the submission made on behalf of the revenue for drawing a presumption that fixation of price is influenced by such an advance. In this connection, we may refer to the Board s circular of 1998 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... presumption as canvassed on behalf of the appellant. We find the same position to be continued in the later amendment in the Rules of 2003 referred to above. As in illustration 2, it talks of evidence to show that interest free advance has resulted in lowering of the prices. The departmental circulars and the amendments in the Rules at the relevant time and subsequently too, do not envisage of any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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