2017 (5) TMI 91 - AT - Central Excise

Valuation - cash discount - whether the cash discount realized back by the Appellant through debit notes is chargeable to central excise duty? - Held that - the issue is squarely covered by the assessee s own case for the previous period 2016 (6) TMI 1151 - CESTAT NEW DELHI where the Tribunal has also relied upon the ratio laid down by the Hon ble Supreme Court in the case of Purolator India Vs. C.C.E. Delhi III 2015 (8) TMI 1014 - SUPREME COURT and held that 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 involved:
Whether cash discount realized back by the Appellant through debit notes is chargeable to central excise duty.

Analysis:
The appeal was filed against Order-in-Appeal No.598/2011 dated 26.12.2011 concerning the manufacture of writing and printing papers under Chapter 48 of the Central Excise Tariff Act, 1985. The main issue revolved around whether the cash discount realized back by the Appellant through debit notes is subject to central excise duty. The transaction value for goods sold, as defined in clause (d) of sub-section (3) of Section 4 of the Central Excise Act, 1944, was a crucial aspect in this case. The lower authorities had disallowed the Appellant's claim, leading to the appeal being filed by the assessee-Appellants.

During the proceedings, both the Appellant's counsel and the Revenue's representative presented their arguments. The Tribunal referred to previous decisions in Excise Appeal No.400/2011 dated 20.12.2016 and Excise Appeal 629/2008 dated 15.6.2016, where the Tribunal had relied on the Hon'ble Supreme Court's judgment in the case of Purolator India Vs. C.C.E., Delhi III, 2015 (323) ELT 227 (SC). The Supreme Court's ruling emphasized that the transaction value, as per the new Section 4 of the Central Excise Act, should be the price actually paid or payable for the goods when sold. The Tribunal concluded that no cash discount needed to be added back to the assessable value, even if subsequently recovered, based on the settled issue following the Supreme Court's decision.

In light of the legal precedents and the Supreme Court's decision, the Tribunal set aside the impugned order and allowed the appeal with consequential relief. The issue of cash discount and its impact on the central excise duty liability was conclusively resolved based on the interpretation of the transaction value under the relevant provisions of the Central Excise Act. The judgment provided clarity on the treatment of cash discounts in determining the assessable value for excisable goods, aligning with the statutory framework and judicial pronouncements.