K.A. SWAMI, C.J.

In the writ petitions, the petitioners have sought for quashing the show cause notices as well as the trade notices and the circular issued by the Central Board of Excise and Customs. The question for consideration is as to whether the interest accrued on the advances received by the assessees should be added to the assessable value. The Central Board of Excise and Customs has issued the circular stating that it should be added and there is no need to establish separately the nexus between the deposit and the price. It is on the basis of this circular, the show cause notices in question have been issued.

2.In our view, the question is no moreres integra. InMetal Box India Ltd.v.Collector of Central Excise, Madras, 1995 AIR(SC) 750, 1995 (75) ELT 449, 1995 (1) JT 479, 1995 (1) Scale 109, 1995 (2) SCC 90, 1995 (49) ECC 67, 1995 (6) RLT 519, 1995 (56) ECR 625 the Supreme Court considered the following question :

"In any case, even on merits, the Tribunal had patently erred in law in allowing the Department's appeal and in restoring the loading of purchase price by thead hocinterest on advances made by Ponds (I) Limited to the assessee."

The question was answe