2009 (4) TMI 168

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....t. Shri R.P. Meena, SDR, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. - The appellants, who arc manufacturers of Air Circuit Breakers and Control Panels and availing MODVAT credit facility, claimed 8.16% as abatement from the value of goods sold through depots as post-manufacturing expenses (PME) under various heads out of which 4.58% was claimed as interest on receivabl....

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....issioner (Appeals); the assessee filed Appeal No. E/814/01 against such demand. In Appeal No. E/815/01, the amount of demand confirmed is Rs. 5,18,518/- for the period from October, 1997 to March 1998. 2. We have heard both sides. The appellants cleared their goods to depots from where the goods are sold to their dealers or other buyers. As per agreements, dealers had to get trade discount at a f....

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....appellants have not been able to satisfy us that the price charged contained an element of interest inbuilt therein and charged from buyers, which is required as per the apex court's decision in A. Infrastructure Ltd. v. CCE - Jaipur, 2004 (167) E.L.T. 369 (S.C.) and CCE, Hyderabad v. Novapan Industries Ltd. - 2007 (209) E.L.T. 161 (S.C.), which have been followed by the Tribunal in Castrol India ....