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TMI Blog2019 (3) TMI 1499X X X X Extracts X X X X X X X X Extracts X X X X ..... em to arrive at assessable value - For the purpose of quantification, the matter needs to be remanded to the adjudicating authority. Applicability of interest on differential duty - Provisional assessment - Held that:- This issue is settled by the Hon'ble Jharkhand High Court in the case of Pre-Stressed Udyog (India) Pvt. Ltd. [2015 (7) TMI 1078 - JHARKHAND HIGH COURT], where it was held that Respondent is bound to make payment of interest under Rule 7 (4) even if the earlier assessment is provisional in nature - Besides, during the relevant period there was no provisional assessment resorted to by the appellant by following the prescribed procedure - the claim of the appellant that since the assessment was provisional, therefore, intere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cating authority which included freight, secondary packing, interest on receivable, bank charges etc. Consequently, a notice was issued to them demanding differential duty after disallowing the deductions with interest and penalty. On adjudication, the demand was confirmed and the matter travelled upto Commissioner (Appeals), who in turn upheld the order of the adjudicating authority. Hence, the present appeal. 3. Learned Advocate for the appellant submits that in the present appeal, they confined their argument to the deductions namely, freight charges, interest on receivable and bank charges, which were disallowed by the authorities below. She submits that in view of the principles of law settled by various Courts, the deductions on ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise, Jamshedpur Vs. Pre-Stressed Udyog (India) Pvt. Ltd. 2016 (331) ELT 539 (Jhar) respectively. 5. Heard both sides and perused the records. 6. The short issue involved in the present appeal is whether the appellant is entitled to deductions on account of freight charge, interest on receivable and bank charges during the relevant period from April, 1997 to January, 1999. In principle, there is no dispute of the fact that all these elements of expenses are eligible as deduction from the price in arriving at the assessable value and their admissibility to the appellant during the said period. The adjudicating authority in the order observed that the appellant had failed to produce relevant records in support of quantific ..... X X X X Extracts X X X X X X X X Extracts X X X X
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