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TMI Blog2023 (5) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... o provide that notional interest on advances could have been added to the assessable value only if the same depresses the value of the goods. There are no merits in the impugned order same is set aside - appeal allowed. - Excise Appeal No. 85894 of 2013 - FINAL ORDER NO. A/85560/2023 - Dated:- 14-3-2023 - HON BLE MR. SANJIV SRIVASTAVA, MEMBER (TECHNICAL) And HON BLE DR. SUVENDU KUMAR PATI, MEMBER (JUDICIAL) Shri A. M. Chitnis, Consultant, for the Appellant Shri P. K. Acharya, Superintendent, Authorised Representative, for the Respondent ORDER PER : SANJIV SRIVASTAVA This appeal is directed against order-in-appeal no. BR(10)Thl/2013 dated 31/12/2012 passed by Commissioner of Central Excise (Appeals), Mum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces received from the customers during the period 07.12.1999 to 21.09.2001 were deposited in Cash Credit account and have not earned interest on such deposited amount. It is not under dispute that interest is not paid by the Bank on amount lying in Cash Credit account or Current Account Merely stating that the current assets were much more than the net current liabilities and therefore, the amount received as deposits were not necessarily been accepted as working capital does not help them in any manner again. The appellant in appeal has nowhere stated that and no evidences have been provided that these amount though deposited in the Cash Credit account or Current Account were not utilized by them or that in the absence of said amount they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... involved rules of impugned duty of notion interest on the advances taken from the customer in the assessable value of the goods. This matter earlier came before the Tribunal and the tribunal order dated 05/04/2006 has remanded the case back to original authority to consider the matter for fresh decision taking into account the ratio of Hon ble Apex Court decision in the case of CCE Vs Hero Honda Motors Ltd. [2004(183) ELT120(SC)]. 3.1 We have heard Shri A. M. Chitnis, Consultant for the appellant and Shri P. K. Acharya, Superintendent for the respondent. 3.2 Arguing for the appellant Learned Counsel submits: No interest earned on such advances and as such it is no question of returning to the customers. So the judgement of Hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2003(154) E.L.T. 3 (S.C.) 4.5 Valuation rule also provide that notional interest on advances could have been added to the assessable value only if the same depresses the value of the goods. By order-in-appeal no. KKS(174) 174/M-VI/2002, KKS(203) 203/M-VI/2002 KKS(213) 213/M-VI/2002 filed by M/s. Nitin Castings Ltd., M/s. J.K. Engg. Works M/s. Ascent Plant and Machinery Pvt. Ltd. the Commissioner (Appeal) has in case of the appellant itself is held as follows: Thus, the onus lies on the department to prove that there is a nexus between the acceptance of advances and sale price charged to the customers and that the prices charged to the customers are depressed on account of the advances given by the customers. I find that the lo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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