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TMI Blog2005 (4) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... income on the investments from the advances was includible in the assessable value. This aspect has also not been considered by the Tribunal. For the above reasons, we hold that the Tribunal has disposed of the appeal before it in a most perfunctory manner without going into any figures at all but by merely on the statement made by Counsel and on the basis of material which appears to have been produced first time before the Tribunal. We, therefore, set aside the order of the Tribunal and remand the matter back to the Tribunal to consider in detail by taking the help of a Cost Accountant. - 1564 of 1999 - - - Dated:- 13-4-2005 - S.N. Variava, Dr. A.R. Lakshmanan and S.H. Kapadia, JJ. [Order]. - This appeal is against the judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o recover the cost of manufacture. The adjudicating authority further found that this "other income" accrued to the assessee in the course of sale. The said authority found that the said "other income" formed part of the prices. That, the difference in the interest paid to the customers and the interest earned on the advances received from the customers constituted "additional consideration" which flowed back from the customer to the assessee. The adjudicating authority further found difference between the current assets and current liabilities in the final statements indicating utilization of advances to meet the working capital requirement. The adjudicating authority further found that the payment of interest to the customer was shown in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Report of the Directors under the head "Financial Reports" show that the profits of the company have been based on implication of Sales with Other Incomes. For example, for the year 1985-86, Sales Other Incomes were of Rs. 49.20 crore (rounded to "0") out of which Income from Sales was Rs. 45.02 crore (rounded to "0") whereas Rs. 4.06 crore was on account of Other Income. Therefore, according to the adjudicating authority, the total income (Sales Other Income) contributed to the profits which had a direct impact on pricing. According to the adjudicating authority, the said "Other Income" had contributed to the pricing. That, but for the said "Other Income", it was not possible for the company to sell the motorcycles at a price lower t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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