1995 (11) TMI 266

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s is an appeal filed by the department against the impugned order dated 23-2-85 passed by the Collector (Appeals), Madras. 2. The case was called. No one appeared on behalf of the respondents inspite of the fact that notice of today s hearing had been issued to them on 6-11-95. Shri Vijay Singh, ld. DR submitted that issue involved in this case is whether cash and trade discounts can be allowed .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... is intended to govern the sales to independent buyers where the price is the sole consideration for sale. Actually with reference to removals to sales depots there is neither an independent buyer nor a sale. The sales at the gate have also been examined and it was found that the assessees are not allowing the said Trade Discount and cash discounts uniformly to all the buyers as contemplated in Sec .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the assessable value determined under the provisions of Section 4(1)(a) of the Act would govern clearances of identical goods to sales depots by way of stock transfers. Since the discount has been allowed by the Assistant Collector as can be seen from his order and in view of the observations made by the Collector (Appeals) that if a few sales were made at the wholesale market rate at the factory .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X