2004 (6) TMI 390

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..... dent. [Order per : C.N.B. Nair, Member (T)]. - This appeal is directed against orders rejecting the appellant s request for provisional assessment of Sewing Thread manufactured and cleared by them to their Depots. 2. During the hearing of the case, ld. Counsel for the appellant has pointed out that there is no sale at the time of removal from the factory. 3. They are merely transfer of .....

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..... and legal grounds. The same should not have been rejected. The orders passed by the lower authorities are not sustainable at all. Direction to pay duty on an assessable value that includes discounts is clearly illegal. Valuation provisions provide for deduction of discounts from sale price so as to arrive at assessable value. Assessment is to be on net price. Payment of duty on a transfer price in .....

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