9911796707
TMI Blog2018 (2) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods - Held that: - similar issue decided in the case of COMMISSIONER OF CENTRAL EXCISE, MUMBAI-III Versus ISPL. INDUSTRIES LTD. [2003 (4) TMI 99 - SUPREME COURT OF INDIA], where it was held that if there is no deference in the selling price for both categories of the wholesale buyers and there is also “no proof” that on account of advance deposits taken from some buyers, the price charged f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t has received advances from some of the customers and gave 3% to 4% of discount. The department is of the view that the notional interest will have to be added to the assessable value of the goods. Being aggrieved, the appellant has filed the present appeal. 3. With this background we heard Shri Shankar Patil and Shri V.K. Agarwal, learned representatives of the parties. 4. After hearing both t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erent reasons for taking advances, as indicated above in the earlier part of this judgment. Learned Counsel for the appellant submits that all that the revenue has to show is that interest free advance has 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut otherwise, it would require proof and the proof for the purposes of holding that interest free advance has influenced the price would obviously be provided by the revenue. There is no scope for any such 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 ev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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