2009 (7) TMI 1129 - AT - Central Excise

Summary

Issues Involved:
- Entitlement to quantity discount for manufacturers of pressure cookers and pressure pans.

Analysis:
The central issue in the appeal was whether the manufacturers of pressure cookers and pressure pans were entitled to quantity discounts offered to customers. Initially, the adjudicating authority allowed the quantity discount, but the Commissioner (Appeals) overturned this decision, siding with the Revenue. The main contention revolved around whether the free items provided with the purchase of cookers and pans could be considered as trade discounts or not.

Upon hearing both parties, the Tribunal delved into the legal precedents cited by the Commissioner (Appeals) and the appellants. The Tribunal noted that the decision in Pearl Drinks Ltd. v. CCE, Delhi, which the Commissioner (Appeals) relied on, was not directly applicable to the present case. The Tribunal referenced the case of Surya Food and Agro Ltd. v. Commissioner to establish that the free supply of certain items along with the sale of others does not necessarily increase the assessable value of the goods sold. In this context, the Tribunal found that the value of pressure pans was already included in the value of pressure cookers, a point not contested by the Revenue.

Based on the legal analysis and the specific circumstances of the case, the Tribunal concluded that the assessees were indeed eligible for the quantity discount. Therefore, the impugned order was set aside, and the appeal by the assessees was allowed. The Tribunal restored the adjudication order in favor of the assessees, confirming their entitlement to the quantity discount offered to customers. The decision was dictated and pronounced in open court, bringing a resolution to the dispute regarding the admissibility of the quantity discount for the manufacturers of pressure cookers and pressure pans.