9911796707
TMI Blog2000 (6) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... asic issue in all these appeals is common, the same are being considered together. 2.Heard Shri S.Kannan, learned DR for the Revenue and Shri A.P. Datar, learned Counsel assisted by Shri Saravanan, learned Counsel for the Respondent. 3.Learned DR submits that the Revenue is aggrieved by the orders impugned on two counts. Firstly these orders are against Board's Circular No. 194/28/96-CX dated 29-3-1996, the operative portion of which is extracted below : "The matter has been examined in the Board and it is hereby clarified that deduction of interest on receivables cannot be permitted from the assessable value of excisable goods if the interest is not charged over and above the sale price of such goods. The backing for this stand is av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all the buyers/dealers and deducted it from the Assessable value irrespective of the fact whether a particular dealer has paid the cost of the goods in time or not. From the above scheme it is seen that there is a uniform deduction on grounds of interest on receivables taken from the assessable value. Those people who have made payments in normal time also get the benefit of a deduction with which they are not related. This is over and above the prompt payment discount which the company is giving to those people in form of deductions. In other words, any one who pays promptly get two discounts, one is prompt payment discount and the second is discount on account of late payment made by other parties. The MRF original or final judgment do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of MRF had been recalled by the Hon'ble Apex Court on review petition by the Revenue. At that point the Hon'ble Apex Court was still in consideration of the merits of the said review petition after recalling their earlier judgment and the final judgment had not been passed. Therefore, the show cause notice stated that the earlier decision having been recalled interest on receivables would not be given as abatement. 8.The learned Counsel submits that in the present grounds of appeal the scheme under which the abatement is given across the Board's order, same was the grounds which were not agitated in either of the show cause notices and to that extent this ground of appeal is beyond the show cause notice which commenced this dispu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Supreme Court, the learned Counsel submits that final judgment in the case of MRF had been rendered by the Supreme Court. He further submits that this very Tribunal in their final order No. 2823/99 dated 4-11-99 in the case of ICI India Ltd. v. C.C.E. had considered this very issue as to whether interest is deductible from the price arrived at the assessable value in case where the interest was not charged separately but was included as in-built cost in the price. While doing so, this Tribunal had considered the purport of the final judgment of the Supreme Court. (Pursuant to the recall of the first judgment). He takes us through para 9 of the said final order wherein we had in depth considered the purport of the judgment of the Supr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re required to be rejected. 11.Since the show cause notices had proposed rejection of the said abatement claimed by the respondents, before us, on ground of interest being in-built in the price and not charged separately, we are also considering the law on this aspect hereunder. 12.On careful consideration we find that this issue was examined by us in great detail in the final order in the case of ICI Ltd. v. C.C.E. (supra) the relevant findings therein extracted below, we find that since the issue involved in this case is also that interest was in-built in the price and not charged separately, therefore, the facts in this case are clearly within the ambit of our earlier decision. "The facts recorded by the Hon'ble Supreme Court clear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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