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TMI Blog2018 (2) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... nal 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 appellant has received advances from some of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 price of the goods. There may be different reasons for ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 interest free advance made by the buyer. But otherwise, it wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of interest free advance." 6. By following the ratio laid down by the Hon'ble Supreme Court, we find no reason to interfere with the impugned order and the findings recorded therein and the same is hereby sustained. 7. In the result, appeal filed by the appellant is dismissed. (Dictated and Pronounced in the Open Court)&nbs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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