2006 (9) TMI 24 - AT - Central Excise

Central Excise Additional discount given areawise Additional discount specifically mentioned in sale order and satisfied all requirements and not refundable for any reason, permissible for deduction Part of discount is passed through credit notes and adjusted in the outstanding bill of wholesale dealers, question of unjust enrichment not arises

Summary

Issues:
Assessment based on provisional basis, denial of additional discount for assessable value, uniformity of discounts, permissible deductions of discount, unjust enrichment, inclusion of loading cost in assessable value.

Assessment based on provisional basis:
The assessee, a manufacturer of sewing thread, initially had assessments made on a provisional basis due to unknown sale prices at the depots. The final assessments were completed under the order of the Assistant Commissioner of Central Excise. The issue of provisional assessments was resolved in the initial stages of the judgment.

Denial of additional discount for assessable value:
The dispute centered around the denial of "additional discounts" by the Assistant Commissioner for not being uniformly allowed to all buyers and lacking disclosure of the purpose to the department. The Commissioner (Appeals) upheld this denial, stating that the discounts were discretionary and lacked a disclosed criterion. The appellant contended that all discounts, including additional discounts, were commercial and uniform for dealers in the same area, supported by evidence of uniformity in discounts given at a particular time to dealers in specific areas.

Uniformity of discounts and permissible deductions:
The appellant argued that discounts, regardless of name, are permissible deductions, and uniformity is not a criterion for allowing trade discounts. The appellant demonstrated that the discounts were commercial in nature and were granted uniformly to wholesale dealers in specific areas, refuting the requirement for different classes of buyers and varying discounts within the same area.

Unjust enrichment:
The issue of unjust enrichment arose concerning the refund from provisional assessments. The appellant successfully argued that a portion of the discount was adjusted through credit notes in the outstanding bills of wholesale dealers, preventing the passing on of tax to buyers and eliminating the possibility of unjust enrichment.

Inclusion of loading cost in assessable value:
The revenue contended that the cost of loading goods in the factory should be included in the assessable value. The Tribunal agreed, stating that all costs up to the delivery of goods at the factory gate should form part of the assessable value, allowing the revenue's appeals on this ground.

Conclusion:
The Tribunal set aside the impugned orders that disallowed the additional discount as a permissible discount, emphasizing that the discount met all requirements of being known at the time of clearance of goods and non-refundable. The issue of unjust enrichment was dismissed, and the revenue's appeals regarding the inclusion of loading cost in the assessable value were allowed. The lower authorities were directed to make necessary recovery or refunds based on the Tribunal's findings.