TMI Blog2008 (7) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... garwal, Member (T) Shri N.A. Sayyed, JDR, for the Appellant. Shri Pochkhanwalla, Advocate, for the Respondent. [Order per: M.V. Ravindran, Member (J)]. - This appeal is filed by the Revenue against the order-in-appeal dated 4-10-2002. 2. Considered the submission made by both sides and perused the records. 3. While allowing the deduction claimed by the respondents in respect of packing charges ld. Commissioner (Appeals) held as under :- "However, the appellant in their appeal memorandum have pleaded that the adjudicating authority had ignored the relied upon documents like purchase orders and order acknowledgements which the appellant had produced during the time of personal hearing. Hence the appellant were directed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isions of Rule 57-A, a part of which is reproduced as follows :- " Explanation :- For the purpose of this rule, 'inputs' includes paints and packing materials but does not include - (iii) packing materials, the cost of which is not included or had not been included during the preceding financial year in the assessable value of the final product under Section 4 of the Act". Abstract of RG23A Pt I II for the relevant period were called for and it was verified from the same that the appellant had not availed modvat credit on packing materials. The appellants have also given a declaration to this effect in their price lists. Hence, since the appellant have foregone the modvat credit on packing materials, they are entitled for deduction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hibit 'J' (Colly) that these rates were the prevailing rates of interest which the banks charged the appellant for giving them cash credit and bill discounting facilities. So they charged the same rate of interest for credit sale of their goods. It is seen that the appellant have claimed deduction of interest (as per the credit terms agreed in their purchase order's/order acknowledgements), in their price lists applying the prevailing rate of interest charged by banks. Since the department has not disputed the figures supplied by the appellants, hence as per the order of Commissioner (Appeals) dated 31-10-1984, the appellants shall also be entitled for deduction on account of credit sale. In the case of Shriram Fertilisers Chemicals - 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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