2008 (2) TMI 94 - AT - Central Excise

Special discount over and above of 20% normal discount - extra discount allowed to only one buyer appears to compensate for the advertisement & promotion activity as the agreement doesn t laid down any particular minimum quantity to be lifted by the buyer, discount can t be considered in the nature of quantity discount - Since this a special discount and was not available to other buyer, the same cannot be considered to be admissible for deduction only normal discount of 20% is deductible

Summary

Issues:
- Special discount allowed to a customer over and above the normal discount.
- Consideration of special discount in relation to sales promotion activities.
- Comparison of special discount with quantity discount.
- Interpretation of agreement terms regarding discounts.

Special Discount and Sales Promotion Activities:
The case involved appeals filed by the Revenue regarding the special discount given to a customer, M/s. L & T, over and above the normal discount provided to other customers. The issue centered around whether this additional discount was permissible considering the sales promotion and advertisement activities undertaken by L & T. The Commissioner (Appeals) had set aside the demands for duty, stating that the agreement did not mandate L & T to carry out promotional activities, and without any flow back from L & T to the appellants, the discount could not be denied. However, the Tribunal found that the extra discount was given to L & T for the promotion of sales and marketing of the appellant's product, which was not a requirement for other buyers. As a result, the Tribunal upheld the adjudicating authority's decision to limit the discount to 20%, the same as other buyers, and allowed the Revenue's appeals.

Comparison with Quantity Discount:
The Revenue contended that the special discount given to L & T was not admissible as it was not uniform within the same class of buyers. They argued that since L & T did not belong to a different class, the discount should have been limited to 20% as available to other buyers. The Managing Director of the respondents argued that the higher discount given to L & T was due to its higher off-take compared to other customers, making them a different class and justifying the extra discount as a quantity discount. However, the Tribunal disagreed, stating that the agreement did not specify any minimum quantity for L & T to lift, which is essential for a quantity discount. Therefore, the special discount given to L & T could not be considered a quantity discount and was not admissible. The Tribunal upheld the decision to limit the discount to 20% for all buyers.

Interpretation of Agreement Terms:
The Tribunal analyzed the terms of the agreement and found that L & T had been given a special discount with the condition to promote sales and marketing, a condition not imposed on other buyers. This special discount was deemed to compensate for the promotional activities undertaken by L & T, making it distinct from a quantity discount. Since the special discount was not available to other buyers and was not in the nature of a quantity discount, the Tribunal concluded that it could not be considered admissible. Consequently, the Tribunal set aside the Commissioner (Appeals)'s order and upheld the adjudicating authority's decision to limit the discount to 20%, aligning it with other buyers.