1988 (1) TMI 143 - AT - Central Excise

Summary

Issues: Disallowance of cash discount by lower authorities.

Summary:
The appellants, manufacturers of motor starters, provided a cash discount to customers who paid promptly within 7 days. The appellants issued invoices for the full price but instructed their bank to collect only the discounted price if payment was made within the specified time. The department alleged that the appellants charged more than declared in the price lists, leading to a demand for differential Central Excise duty. The lower authorities upheld the demand, stating the cash discount was conditional and not declared in the price lists, attracting a 5-year time limit for the demand. The appellants challenged the demand, citing a Bombay High Court judgment allowing cash discounts regardless of customer availing. They admitted fault in price list preparation but argued no undue advantage was gained. The department contended the higher price charged to most customers was the normal price and suppression occurred due to non-disclosure of cash discount in the price list.

Upon review, the Tribunal acknowledged the appellants' fault in price list submission but found no undue advantage gained. The cash discount was available to all buyers, known from the price circulars, and was a legitimate deduction. The Tribunal followed the Bombay High Court judgment, deeming the cash discount admissible. As the Tribunal agreed with the appellants on the substantive issue, the limitation aspect was not addressed. Consequently, the impugned orders and demand were set aside, and the appeal was allowed in favor of the appellants.