2017 (12) TMI 1207 - AT - Central Excise

Valuation - turnover discount - cash discount - freight & insurance - finalization of provisional assessment - Held that - the adjustment of excess payment of duty under one head against short payment of duty in another head during the finalization of provisional assessment is allowed - appeal allowed - decided in favor of appellant.

Summary

Issues: Disallowance of turnover discount, cash discount, and freight & insurance, and demand of duty thereon.

Analysis:
- The appeal was filed against the disallowance of various deductions by M/s. J.K. Files & Tools, including trade discount, cash discount, and freight & insurance. The appellant claimed that these deductions were based on their sales policy circulated to customers at the beginning of the year. They sought provisional assessment since the exact quantum of discounts could not be determined initially. The appellant later provided data on actual discounts and deductions claimed at the time of clearance. A show cause notice was issued disallowing certain deductions, leading to a demand for duty. The Tribunal clarified that adjustments of excess duty paid under one head against short payment under another head during provisional assessment finalization are permissible, citing a decision in the case of M/s. Raymond Ltd. The Tribunal also noted that freight and insurance charges are allowable discounts even after a specific date. Consequently, the appeal was allowed based on the legal precedent cited.

- The Commissioner (Appeals) had set aside the demand related to the disallowance of freight deduction but disallowed the adjustment of excess cash discount and excess freight incurred against the turnover discount claimed but not passed on. The appellant argued that such adjustments should be allowed during the finalization of provisional assessment, as demonstrated in the case of M/s. Raymond Ltd. The Tribunal concurred with this argument, emphasizing the legal validity of allowing adjustments between different heads of duty payments during finalization. The decision of the Apex Court regarding the allowance of freight and insurance charges as discounts further supported the appellant's position. As a result, the Tribunal allowed the appeal based on the legal principles established in previous judgments.

- The Tribunal's decision was influenced by the legal precedents cited, particularly the case of M/s. Raymond Ltd., which clarified the permissibility of adjusting excess duty payments under one head against short payments under another head during the finalization of provisional assessments. The Tribunal also highlighted the Apex Court's ruling regarding the allowance of freight and insurance charges as discounts post a specific date. By aligning with these legal interpretations, the Tribunal allowed the appeal, emphasizing the importance of consistent application of legal principles in tax matters. The appellant's argument regarding the adjustment of excess duty payments and deductions against each other was deemed valid in light of established legal precedents, leading to the favorable outcome for the appellant in this case.