2007 (1) TMI 581 - AT - Central Excise

Summary

Issues involved: Admissibility of deduction from assessable value of synthetic filament yarn of polyester u/s cash discount not passed on to customers within stipulated period.

Summary:

The judgment by the Appellate Tribunal CESTAT MUMBAI addressed the issue of admissibility of deduction from assessable value of synthetic filament yarn of polyester manufactured by the appellants due to cash discount not passed on to customers within the stipulated period. The Tribunal referred to the settled law established in the case of Goodlass Nerolac Paints Ltd. vs. UOI, where it was held that cash discount is admissible irrespective of whether each customer avails of the said discount or not. This principle was upheld by the apex court as well. The Tribunal also mentioned the case of HandR Johnson (India) Ltd. vs. CBEC, where the Karnataka High Court directed central excise authorities to consider the Goodlass Nerolac Paints Ltd. judgment while making decisions. Additionally, the Tribunal cited the case of CCE, Mumbai-II vs. Indian Tool Manufacturers, which affirmed that admissibility of cash discount is not restricted only to the extent actually passed on to customers, in line with the Bombay High Court's judgment.

In conclusion, the Tribunal set aside the impugned order and allowed the appeal based on the established legal principles regarding the admissibility of cash discount as per the aforementioned judgments.