2018 (2) TMI 554

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ppellant Shri V.K. Agarwal, Additional Commissioner (AR) for the respondent Per: Justice Dr. Satish Chandra The present appeal is filed against the order-in-original No. 27/2003 dated 28/11/2003. 2.  The brief facts of the case are that the appellant is engaged in the manufacturing of pet bottles and jars which are supposed to be supplied to the manufacturers of cold drinks. The a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....[2003 (154) ELT 3 (SC)] has observed that: "11. It is clear that the mere fact of making an interest free advance by a buyer to the manufacturer, by itself will not be a sufficient ground to reload the assessable value with notional interest. It would be necessary for the revenue to show that such advance has influenced in the lowering of the price and that it is not depicting the normal ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e is also "no proof" that on account of advance deposits taken from some buyers, the price charged from all buyers has been reduced, then element of notional interest on advance deposits, cannot be added. Obviously, where there are two prices, one for those who have made the advance and the other who have not, it would require no further proof of the lower price having been influenced by the inter....