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TMI Blog2009 (1) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... ra, SDR, for the Respondent. [Order per : B.S.V. Murthy, Member (T)]. - The appellant is engaged in the manufacture of texturised yarn. They have filed this appeal against the demand for Central Excise duty of Rs. 1,47,805/- with interest along with equal amount of penalty imposed on them on the ground that during the period from 1-4-2003 to 21-7-2004 the appellants had collected extra amounts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ason to interfere with the same. We reproduce the relevant paragraphs of the Commissioner (Appeals)' order with which we agree. "8. The appellant has challenged the impugned order on the grounds that 'trade expense' is indeed a 'trade discount' given to customers uniformity for prompt payment even though they have wrongly termed and mentioned in their sales invoices. I find from some of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble in the case of trade discount. Since such discounts were not provided by them, these case laws are not applicable and are relevant in the instant case. 9. The other argument advanced by them is that the demand prior to 10-2-2004 is barred by limitation of time since the show cause notice is issued on 10-2-2005 and the department had knowledge about the transaction and more over ER-1 retu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pense' is well shown in the accounts of buyers (maintained in their books of accounts) who made payments well within time period. They enclosed copies of some invoices along with respective accounts of some buyers, who got rewarded for making timely payment by way of credit of the 'trade expenses'. On going through these documents I do not find that these amounts can be categorized as trade discou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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