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TMI Blog2004 (10) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... , for the Appellant. Shri Gopal Prasad, Sr. Supervisor, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. In this appeal, filed by Revenue, the issue relates to the eligibility of deduction on account of discount in determining the assessable value under Section 4 of the Central Excise Act. 2. We heard Smt. Krishna A. Mishra, learned S.D.R. and Sh. Gopal Prasad, Represent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esale dealers at 27.5 per cent discount and at their instance some goods were diverted to certain other dealers with whom the wholesale dealers were sharing discount. The Commissioner (Appeals) has also mentioned that the Appellate Tribunal has allowed the appeal filed by M/s. Escorts Ltd. vide Final Order No. 600/99-A, dated 11-5-1999 which has also been confirmed by the Supreme Court in Civil Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esel engines. They were giving 27.5 per cent discount to their stockists and 25 per cent discount to sub-stockists and the differential discount of 2.5 per cent was passed on to the stockists by the assessee. The Supreme Court has held in the case of stockists that the normal price of tractor shall be the cost in the price list less discount @ 27.5 per cent. The Supreme Court has, further held tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not relate to tractors sold to them but relates to the tractors sold to the sub-stockists. This judgment of the Supreme Court squarely applies to the facts of the present case as it is the latest judgment of the Supreme Court on the issue of eligibility of such discount. We, following the said judgment, set aside the impugned order and allow the appeal filed by the Revenue. - - TaxTMI - TMIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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