2011 (6) TMI 526 - AT - Central Excise

Whether appellants are not entitled for deduction of cheque discounting charges from their assessable value Held that - prior to the period 01/07/2000, the assessee is entitled for deduction on account of bank charges. When deduction on account of bank charges are available therefore whether the charges are for local cheque discounting or outstation, does not make any difference. appellants are entitled for deduction on account of cheque discounting charges from the assessable value. appeals are allowed.

Summary

Issues:
- Denial of deduction on account of cheque discounting charges from the assessable value for the period prior to 01/07/2000.

Analysis:
The appellants, who are manufacturers of cocoa and cocoa products, chocolates, etc., filed price-lists claiming deductions on various accounts, including cheque discounting charges. While some deductions were allowed, the claim for cheque discounting charges was denied by the Commissioner (Appeals) on the grounds that such charges affect the assessable value. The appellants appealed this decision, arguing that previous Tribunal decisions and Supreme Court rulings have allowed deductions for bank charges, including cheque discounting charges. The learned advocate for the appellants cited specific cases to support their argument.

The main issue in this case was whether the appellants are entitled to a deduction on account of cheque discounting charges. The Tribunal considered the arguments presented by both sides and reviewed the relevant case law. It was noted that previous decisions have consistently allowed deductions for bank charges prior to 01/07/2000. The Tribunal concluded that since deductions for bank charges were permissible, it did not matter whether the charges were for local cheque discounting or outstation. Relying on the case law cited by the appellants' advocate, the Tribunal held that the appellants are indeed entitled to a deduction on account of cheque discounting charges from the assessable value. Consequently, the impugned orders were modified, and the appeals were allowed.