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2015 (11) TMI 896 - AT - Central ExciseValuation - Determination of assessable value - Inclusion of ground rent collected - appellant contended that it was collected as storage charges for the scrap from the customers and it is in the nature of penalty for over due retaining of the material in the factory premises of the appellant - Held that:- In the case of SAIL (2013 (12) TMI 452 - CESTAT NEW DELHI), the customers were required to make the payment within 28 days from the date of sale and if they failed to make the payment they were required to pay ground rent at the specified rates. The Tribunal took a view that the ground rent is payable as per the terms and conditions of sale which provided for delay in payments and the amount collected is in the nature of interest on receivables and was not includable in the assessable value. In the present case, it is not the case that payment for the scrap has not been made by the customer. Even if he makes the payment, if the scrap is left without taking delivery, the appellants charged the so called ground rent. In this case, there is no evidence to show that goods have been removed from the factory gate. The date of removal of the goods from the factory gate by the customer is the date for finding the transaction value of the goods. No invoice has been produced before us. In the absence of any evidence to show that the amount charged is for delayed payment as per the conditions of the sale and is in the nature of interest, the price charged by the appellant at the time of removal of the goods would be liable to excise duty. In the situation, we do not find any merit in the appeal filed by the appellant - Decided against Revenue.
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