2016 (6) TMI 1151 - AT - Central Excise

Valuation - section 4 - discount earlier allowed, now recovered - whether the amount realised by disallowing the cash discounts through debit notes are in the form of additional consideration and are need to be added to the transaction value? - Held that - reliance placed in the decision of the case of M/s. Purolator India Ltd. Versus Commissioner of Central Excise, Delhi III 2015 (8) TMI 1014 - SUPREME COURT , where it was held that the transaction value as defined in Section 4 (3) (d) is the agreed contractual price. If the agreed contractual price is arrived at with cash discounts in terms of the agreement of sale between assessee and its buyers, then the Apex Court has held that the same will need to be deducted from the sale price in order to arrive at the value of excisable goods at the time of removal - there will be no need to add back the discounts to the assessable value, even if the same are subsequently recovered - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Whether the recovered cash discounts should be added back to the assessable value for excise duty calculation.

Analysis:
The appeal before the Appellate Tribunal CESTAT NEW DELHI was against the order of the Commissioner (Appeals) regarding the treatment of recovered cash discounts by a manufacturer of writing and printing paper. The manufacturer allowed cash discounts to customers for prompt payment but recovered these discounts when payments were not made promptly. The Original Adjudicating Authority and the Commissioner (Appeals) held that the recovered amounts should be added to the transaction value for excise duty calculation. The appellant challenged this decision, leading to the present appeal.

During the hearing, the appellant's representative, Shri. Kapil Vaish, pointed out a similar issue decided by the Hon'ble Supreme Court in the case of Purolator India Vs. CCE, Delhi-III. The Departmental Representative (DR) also acknowledged that the issue was covered by the Supreme Court's decision. The Supreme Court's decision emphasized the concept of 'transaction value' as defined in Section 4 of the Central Excise Act. It clarified that the agreed contractual price, including cash discounts known at the time of clearance, should be deducted from the sale price to determine the value of excisable goods at the time of removal.

Based on the Supreme Court's interpretation of Section 4, the Appellate Tribunal concluded that cash discounts known at the time of clearance should be deducted from the sale price to calculate the value of excisable goods. Therefore, there was no requirement to add back the recovered discounts to the assessable value, even if they were subsequently recovered. Consequently, the appeal was allowed in favor of the appellant, aligning with the Supreme Court's decision on the matter.