2004 (10) TMI 220

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...., Member (J)]. - Shri A.K. Saxena, ld. JDR appeared for the appellant. None appeared for the respondent. The ld. JDR submitted that the issue relates to inclusion of interest accrued on advances. He submitted that in view of the Board Circular No. 215/49/96-C.X., dated 27-5-96 and Circular No. 404/37/98-C.X., dated 22-6-98, the element of interest accrued was liable to be included in the assessabl....

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....h item were different from another. 4. The Commissioner (Appeals) was not correct thereafter to conclude that the onus was on the department to prove nexus between the lowering of the price & advances. The Supreme Court in the case of Commissioner of Central Excise, Mumbai-III v. I.S.P.L. Industries Ltd., 2003 (154) E.L.T. 3 (S.C.) have held that where there are two prices, one for those who ha....