2015 (10) TMI 611 - SCH - Central Excise

Supreme Court dismisses appeals on price influence issue. Customs Tribunal's decision upheld.

The Supreme Court dismissed the appeals as the advance received did not influence the price charged during the relevant period. The Customs, Excise and ... Finding of fact - price influence by advance payments - concurrent finding of appellate tribunal - interference with factual findingsFinding of fact - price influence by advance payments - concurrent finding of appellate tribunal - Whether the advance received by the respondent from M/s. Jindal Iron and Steel Company influenced the price charged during the period in question and whether the concurrent factual finding of the Tribunal warranted interference. - HELD THAT: - The Court recorded that the question was one of pure fact: the authorities below and the Customs, Excise and Service Tax Appellate Tribunal found on the basis of material on record that the advance received did not influence the price charged. The Supreme Court examined the Tribunal's order, observed that the finding was supported by the record and concluded that there was no basis for judicial interference with that concurrent factual conclusion. No legal error or misappreciation of evidence requiring appeal intervention was identified.The Tribunal's finding that the advance did not influence the price is affirmed and the appeals are dismissed.Final Conclusion: The Supreme Court affirmed the concurrent factual finding of the Tribunal-that the advance did not influence the price-and dismissed the appeals without interfering with the factual conclusion. The Supreme Court dismissed the appeals as a finding of fact showed that the advance received did not influence the price charged during the relevant period. The Customs, Excise and Service Tax Appellate Tribunal's order was upheld.