2007 (1) TMI 5
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....cises and Salt Act, 1944 [for short "the Act"] against the Final Order Nos. 843-847/2000 in Appeal Nos. E/988-990/99 and E/991-992/99 dated 21-6-2000 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, South Zonal Bench, Chennai [for short "the Tribunal"]. 2.The point in issue is, as to whether the amount of interest on receivables is deductible from the assessable value where su....
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....1-3-1987 to 30-6-1989. The show cause notice was issued on the basis that the Department had contested the MRF judgment and the Supreme Court admitted the Review Petition and recalled the judgment and order for fresh consideration. The respondent was therefore required to show-cause why the quantum on account of interest on receivables and interest on finished goods should not be levied on the res....
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....as distinguishable on facts and was not applicable to the present case. 10.The respondent being aggrieved filed an appeal before the Commissioner of Appeals which was accepted and the Order-in-Original was set aside, against which the Revenue filed the appeals before the Tribunal which have been dismissed by the impugned order. 11.In our view, the point in issue is squarely covered by the judgme....
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....pex Court are read with the final judgment in the recalled order as in 1995 (77) E.L.T. 433 (para-66) = 1995 (58) ECR 385 (SC), it is clear that it was held by the Hon'ble Apex Court that such a deduction was admissible under the Act. 9.We find that as against this the ld. Commissioner (Appeals) has recorded that this element when inbuilt in the price and claimed as a deduction to be in the natur....