2016 (1) TMI 696 - AT - Central Excise

Deduction of discounts from all the clearances - determination of assessable value under Section 4 of the Central Excise Act, 1944 - appellant is deducting cash discounts from the transaction value on the clearances made from their factory to all the customers irrespective of the fact that the customers are not paying the amount in time and the cash discount has not been passed - Held that - As relying on Purolator India case 2015 (8) TMI 1014 - SUPREME COURT it is held that the appellants are entitled for claiming deduction of cash discount from the transaction value on the clearances made from the factory to all the customers. - Decided in favour of assessee

Summary

Issues Involved:
- Whether the appellant is entitled to claim cash discounts as deduction from all clearances while determining the assessable value under Section 4 of the Central Excise Act, 1944.

Analysis:

The main issue in this case revolves around the appellant's right to deduct cash discounts from the transaction value on clearances made to customers, regardless of whether the customers have paid the amount in time or not. The central question is whether such discounts can be considered while determining the assessable value under Section 4 of the Central Excise Act, 1944. The Tribunal referred to a relevant judgment by the Hon'ble Apex Court in the case of Purolator India Ltd., where it was clarified that the concept of "transaction value" is crucial, and each transaction should be assessed individually. The judgment emphasized that the value of excisable goods at the time of removal is significant, and the agreed contractual price forms the basis of the transaction value. It was noted that cash discounts, being known at or before the clearance of goods, should be deducted from the sale price to determine the value of excisable goods at the time of removal.

Given the clear guidance provided by the Hon'ble Apex Court in the Purolator India Ltd. case, the Tribunal concluded that the issue at hand is no longer open to interpretation. Therefore, the Tribunal held that the appellants are indeed entitled to claim deduction of cash discounts from the transaction value on clearances made from the factory to all customers. Consequently, the impugned orders were set aside, and the appeals were allowed with any consequential relief that may follow. The decision was based on the understanding that cash discounts, being a known factor before clearance, should be factored into the calculation of the assessable value under the Central Excise Act, 1944.