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TMI Blog2017 (2) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... This appeal has been filed by M/s Asea Brown Boveri Ltd. The appellant had taken certain advance vide existing orders/contract with Government department and Public Sector Undertakings etc. A notice was issued to the appellant seeking to include notional interest on such advances in the assessable value. A demand was confirmed by the lower authorities. Aggrieved by the said order, the appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roduced by the Revenue. Hon'ble Apex Court in the case of ISPL has observed as follows: - "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 pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... categories of the wholesale buyers and there 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and evidence to show that fixation of price has been influenced on the lower side by such a transaction of interest free advance." While giving the above observation, the Hon'ble Apex Court has also examined the decision of Metal Box Ltd. (supra) relied upon by the learned AR. 5. In view of the above decision of ISPL Industries (supra) and in absence of any evidence of influence involved of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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