TaxTMI 
TaxTMI 
2017 (4) TMI 1215
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.... basis. The appellant gave photo frames as a free gift along with the supply of Diwali institutional packs. They availed cenvat credit in respect of said photo frames. The revenue sought to deny the cenvat credit in respect of photo frames given as a gift in Diwali institutional packs on the ground that the same is not used in or in relation to the manufacture of final product. Another issue is the deduction was claimed on account of interest on receivables to arrive at the assessable value. 2. Shri M.P. Baxi, Ld. counsel appearing on behalf of the appellant submits that on both issues this Tribunal has allowed the appeal vide following orders:- (i) Deduction on account of receivables Tribunal's Order no.A/85074/17/EB dated ....
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.... the above cited judgment is reproduced below: "5. We have considered the submissions from both the sides and perused the records. The cheque discounting charges are charged by the bank for discounting of cheques to cover for delay in realization of payments by up-country buyers. This is nothing but interest on receivable which in terms of the Apex Court judgment in case of Government of India v. Madras Rubber Factory Ltd. reported in 1995 (77) E.L.T. 433 (S.C.) is not includible in the assessable value. We also find that the Apex Court in case of CCE, New Delhi v. Vikram Detergent Ltd. (supra) has held that bank charges are not includible in assessable value and Review petition against this judgments was dismissed by the Apex Cour....
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....ture of final product. The word "input" is defined in Rule 2(k) which also includes accessories of the final products cleared along with final product. There is no dispute about the fact that on toothbrush, excise duty has been paid. The toothbrush is put in the packet along with the tooth paste and no extra amount is recovered from the consumer on the toothbrush. Considering the definition given in the Rules of "input" and the provisions contained in Rule 3, we are of the view that the Tribunal is justified in taking the view that the credit is admissible in the case of the respondent-assessee. 11. The view taken by the Tribunal is further supported by the provisions contained in Section 2(f) of the Central Excise Act, 1944 which ....
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....t to be used directly in the manufacture and also not required to be contained in the final product but if it is used even in relation to the final product credit should be allowed. In the present case the playing cards indeed supplied along with final product it fulfilled the criteria of inputs, therefore credit cannot be denied of the duty paid on playing cards. Though there are contrary judgments on this issue but comparing the judgments of both the sides, I find that Tribunal's Single and Division Bench in cases Cello Home products (supra) and G.S. Enterprises (supra) respectively held that items supplied along with final product for sale promotion have been considered as input and Cenvat credit was allowed. In the case of Prime Hea....