2012 (4) TMI 517

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....ry, advocate JUDGEMENT Per: P.G. Chacko This appeal filed by the department is directed against the order of the Commissioner (Appeals) setting aside the order passed by the original authority. The original authority was dealing with a valuation dispute in respect of the goods manufactured by the respondent out of raw material supplied/financed by one M/s. Sigma Marine and Protective coatings ....

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....and the latter allowed the same in the light of the Hon'ble Supreme Court's decision in the case of VST Industries Ltd. Vs. Collector of Central Excise, Hyderabad 1998 (97) E.L.T. 395 (SC). 2. In the present appeal of the Revenue, it is contended that no speaking order was passed by the learned Commissioner (Appeals) on the valuation issue and that the Hon'ble Supreme Court's judgment was blindly....

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....Nadu Vs. Southern Structurals Ltd. 2008 (229) E.L.T. 487 (S.C) and CCE, Mumbai Vs. Dalal Engineering Pvt. Ltd. 2009 (246) E.L.T. 484 (Tri.-Mum.). Both the decisions are to the effect that any notional interest on advances taken from a customer was not includible in the assessable value of the goods as it did not have the effect of lowering the price of the goods. 4. Having considered the submissi....