Notional interest on advances not includible in assessable value when price is unaffected; unconditional stay granted.

In excise proceedings, the tribunal considered whether the appellant had established a strong prima facie case for unconditional stay and waiver of pre-deposit. Relying on the record, including a subsequent order of the Commissioner and the stated position that notional interest on advances is not includible in assessable value where the price is not influenced by the interest-free advance, it found sufficient grounds for interim protection. The stay application was accordingly allowed unconditionally in favour of the appellant.

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Issues: Whether the appellant was entitled to unconditional stay and waiver of pre-deposit in the pending excise proceedings.

Analysis: The application was considered in the light of the record, including the subsequent order passed by the Commissioner and the cited position that notional interest on advances is not includible in assessable value where the price is not influenced by the interest-free advance. On that basis, the tribunal found that the appellant had made out a strong prima facie case for interim protection.

Conclusion: The stay application was allowed unconditionally in favour of the appellant.

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