2018 (6) TMI 1207 - AT - Central Excise

Valuation - inclusion of quantity discount given to the customers subsequent to the clearance of goods in assessable value - Held that - Identical issue decided in the case of M/S. BIOCHEM PHARMACEUTICAL INDUSTRIES VERSUS COMMISSIONER OF CENTRAL EXCISE, MUMBAI-III 2016 (3) TMI 664 - CESTAT MUMBAI . where it was held that the actual amount that the buyer is liable to pay at the time of sale or at any other time shall be the transaction value, and excluding the discount value is the correct transaction value and duty cannot be charged on the discount amount which is neither paid nor payable in the case of sale of the goods. The quantity discount was rightly claimed by the assessee-Appellants as the same was claimed at the time of sale of the goods - appeal allowed - decided in favor of appellant.

Summary

Issues Involved:
Appeal against Order-in-Appeal denying refund of Central Excise duty on quantity discount passed by Commissioner (Appeals) Central Excise & Customs, Daman.

Analysis:
The appeal was filed by the assessee-Appellants challenging the Order-in-Appeal denying a refund of Central Excise duty on quantity discount. The assessee-Appellants, engaged in manufacturing pharmaceutical products, claimed a refund of duty paid at the time of clearance on the quantum of quantity discount passed on to customers after goods clearance. The Department disagreed with this claim, leading to the appeal.

During the hearing, both sides presented their arguments. The Tribunal referred to similar cases, including Glenmark Pharmaceuticals Ltd. Vs CCE, Nasik and Biochem Pharmaceutical Industries vs CCE, Mumbai-III, where it was established that the correct sale value and discount should be determined and reflected in the sale bill. The Tribunal cited the definition of "transaction value," emphasizing that the price actually paid or payable for the goods at the time of sale or any other time constitutes the transaction value. In this case, as the goods were sold from the depot with the price minus quantity discount, excluding the discount value from the transaction value was deemed appropriate.

Based on the precedents and the interpretation of the transaction value, the Tribunal concluded that the quantity discount was rightfully claimed by the assessee-Appellants as it was claimed at the time of sale of the goods from the depot. Consequently, the impugned order was set aside, and the appeal was allowed, granting the refund of Central Excise duty on the quantity discount.

In the final pronouncement, the Tribunal allowed the appeal filed by the assessee-Appellants, highlighting the correct determination of transaction value and the rightful claim of quantity discount at the time of sale from the depot.