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TMI Blog2002 (10) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... , Member (T)]. - Appeals taken up for disposal after waiving deposit. 2. In the order impugned in the appeal 2526/02, the Commissioner has held that the notional interest i.e. the interest not actually incurred or paid on the advances that the appellant took towards the price of the goods that it manufactured and sold from their intending purchasers must form part of the assessable value. 3. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 395 holding that notional interest on such advances should not form part of the assessable value. He however declined to follow the Tribunal's decision on the ground that they all dealt with cases in which the advances taken with regard to "goods which are comparative prices" whereas in the case before him the goods were tailor-made and comparison of price are not possible. This argument is spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay be very difficult to establish in case the goods are tailor-made. This does not mean that the department is absolved itself the responsibility. This is in fact the ratio of the decision of the Tribunal in Grasim Industries Ltd. v. CCE - 1999 (112) E.L.T. 492. Paragraph 5 of the order dealing with this issue says : "In the case of goods which are available on the shelf, it would be easy to ver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers, after consulting the Ministry of Law that it is for the department to establish that the advances has a nexus with the sale price of the goods, the Commissioner has passed his order. It is equally distressing that the Board had not cared to intervene and the Commissioners continue to pass orders despite the circular of the Board. This only results in unnecessary litigation and waste of time a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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