2006 (9) TMI 50 - AT - Central Excise

Valuation(Cental Excice)- Quantity discount - Discount not mention on invoices and timing to grant quatity discount is not revelant - It is known at the time of sale of goods and given - Such a discount is a permissible deduction

Summary

Issues:
1. Consideration of quantity discount for assessable value determination.

Analysis:
The case was remanded to the Appellate Tribunal by the Supreme Court for reconsideration of the issue of quantity discount. The appellant argued that quantity discount had been a prevalent practice during the period in question and was reflected in their price lists. They cited various judicial precedents, including a Supreme Court judgment and decisions of the Tribunal, to support their claim that quantity discount should be considered a permissible deduction from the sale price for assessing the value. The appellant also presented evidence such as affidavits and certificates to demonstrate the existence of quantity discount during the relevant period.

The Senior Departmental Representative (SDR) contended that the appellant's evidence did not specify the rate or details of the quantity discount given. The SDR also highlighted the absence of circulars or general communications proving the basis of the quantity discount or its awareness in the trade. The objection raised in the impugned order was that the invoices did not mention the quantity discount, even though credit notes were issued later to reflect the discount passed on to buyers.

The Tribunal found the objection regarding the absence of quantity discount mention in invoices to be unsustainable. It clarified that quantity discount may not always be indicated in each sale invoice, especially for consumer goods with regular deliveries. The crucial factor was the availability and awareness of the discount at the time of sale. The Tribunal noted that a price list effective from a specific date did mention the quantity discount rate, demonstrating that the discount was disclosed to the Revenue before the sale. The presence of credit notes further substantiated the granting of the discount. Consequently, the Tribunal allowed the appeal in favor of the appellant, with any consequential relief granted accordingly.

In conclusion, the Tribunal ruled in favor of considering quantity discount as a permissible deduction from the sale price for assessing the value, emphasizing the importance of awareness and disclosure of the discount at the time of sale.