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2000 (2) TMI 355

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..... espondent. [Order per : Gowri Shankar, Member (T)]. These appeals, one by the department and one by the assessee, are against the order of the Collector (Appeals). The assessee was in the practice of giving cash discount of 4% to those buyers who retire documents within 15 days and 3% to buyers who retire them within 30 days. The assessee also allowed a turnover discount of 2% to all dea .....

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..... ount is not known at the time of clearance. The appeal by the assessee is on the ground that 4% cash discount should be deducted from the assessable value and the turnover discount should be a valid deduction in the case of sales to those on the basis of actual turnover discount in those cases where discount is actually granted to those dealers. 4. The question as to the admissibility of the cas .....

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..... - 1983 (14) E.L.T. 1896 does not support this view. The rate in fact is known, as such is the quantum. What is not known is not this, as to which two levels of discount will be available or any discount will be available. The Bombay Tyres International judgment said that if the allowance and nature of the discount is known it should be entitled to deduction. The assessee is therefore entitled to .....

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