TaxTMI 
TaxTMI 
2000 (12) TMI 525
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.... during the period 1988-89, 1989-90 and 1990-91. The notice proposed invocation of longer period by alleging suppression on the part of the appellants. 2. On adjudication, the Commissioner of Central Excise, Calcutta dropped the demand relatable to the interest free advances. As regards handling charges he took into consideration the appellant's contention that such handling charges are not only charges of handling, but also includes the quantum of transportation charges and packing charges. As such by taking into account the chartered accountant's certificate produced by the appellants showing expenses incurred towards carriage outward, extended the benefit in respect of the same. Accordingly he observed that - "after segregating t....
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....king charges and expenses towards freight and after allowing the benefit thereof, the commissioner has confirmed the demand of duty on the balance amount of handling charges by treating the same as loading charges. Ld. Adv. submits that the Commissioner has wrongly concluded that the balance amount of handling charges was towards the loading expenses. There is nothing on record to show so. He submits that it was categorically replied by them that such handling charges, apart from representing packing and freight, also represented the 'credit charges'. Such credit charges were realised by them from their customers on account of interest on deferred payment, which should be allowed deduction from the assessable value, as per the settled law. ....
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....vables. He submits that if the appellants are taking a stand it is for them to place evidence on record to show that such realisation of money was on account of interest on deferred payments. In these circumstances the Commissioner has rightly concluded that the balance of the handling charges are required to be included in the assessable value of the final product. As regards limitation he submits that there is a basic dispute as regards the assessments being provisional, the matter needs to go back for verification. 7. After considering the submissions made from both the sides we find that admittedly the appellants were realising extra amounts from their customers by way of raising of separate bills. During adjudication the appell....