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Date: 29-03-1996
Notification No: Central Excise Circular No 194/1996
Issuing Authority: Central Excise  
Type: Circular
File No:
Subject: Clarification regarding levy of Central Excise duty on interest recovery payment- Board's ruling under Section 37-B Order
Clarification regarding levy of Central Excise duty on interest recovery payment- Board's ruling under Section 37-B Order

Circular No. 194 dated 29th March 1996

In the Case of U.O. I. & Others v. M.R.F. Ltd & others, the Hon'ble Supreme Court in its order dated 3.5.95 has decided that in case of sales where payments are received quite dated 3.5.95 has decided that in case of sales where payments are received quite some time later if interest is charged from the date of delivery of goods till the date of realisation of the price thereof, such interest is excludable from the value of the goods.

Commissioner of Central Excise, Pune has reported that some assessees are interpreting this judgement so as to claim deduction of interest which is actually not charged by them from the customer but which they claim is incurred by them as a cost by way of interest on receivable which remains outstanding and has sought for the clarification of the Board in the matter.

The matter has been examined in the Board and it is hereby clarified that deduction of interest on receivables cannot be permitted from the Assessable Value of excisable good if the interest is not charged over and above the sale price of such goods. The backing for this stand in available in supreme Court's reasoning for excluding the interest on receivables, viz., such amounts are received subsequent to sale of excisable goods. If the assessees are claiming that such interest costs are inbuilt in the price, they cannot be deducted from the wholesale price because by their very nature these costs would then be part of the price known prior to sale.

 

       

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