Instructions on when notional interest on advances should be included in the assessable value. For such inclusion it has to be shown that the price charged has a nexus with the deposit
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Notional interest on advance deposits: include in assessable value only where deposit influences sale price or yields quantifiable benefit. Inclusion of notional interest on advance deposits in assessable value requires a demonstrable nexus between the deposit and sale price; notional interest may be added when the deposit results in lower price or special discount to the depositor, or when two distinct prices create separate buyer classes, in which case the manufacturer's benefit must be quantified. If no price difference or evidence of price reduction exists, notional interest cannot be added. When interest credited to the buyer is below normal bank rates, the shortfall represents the manufacturer's benefit and must be quantified and included.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Notional interest on advance deposits: include in assessable value only where deposit influences sale price or yields quantifiable benefit.
Inclusion of notional interest on advance deposits in assessable value requires a demonstrable nexus between the deposit and sale price; notional interest may be added when the deposit results in lower price or special discount to the depositor, or when two distinct prices create separate buyer classes, in which case the manufacturer's benefit must be quantified. If no price difference or evidence of price reduction exists, notional interest cannot be added. When interest credited to the buyer is below normal bank rates, the shortfall represents the manufacturer's benefit and must be quantified and included.
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