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TMI Blog2011 (6) TMI 548X X X X Extracts X X X X X X X X Extracts X X X X ..... are entitled for deduction on account of cash discount from the assessable value as per the old valuation rules – Held that:- In the case of H & R Johnson (India) Ltd. (1999 - TMI - 91407 - CEGAT, MADRAS - Central Excise), the Hon'ble apex court has held that the cash discount is deductible from the assessable value across the board and is not restricted only to those transactions where the indiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sable value on the ground that the cash discounts has not been passed on by the appellants to their customers. 2. The brief facts of the case are that the appellants manufacture excisable goods. The appellants filed price declaration under Rule 173C of the erstwhile Central Excise Rules, 1944. In the said price declaration they had claimed various deductions such as trade discount, quantity disc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onfirmation of demands for the period prior to 01/07/2000 and submitted that prior to 01/07/2000 the appellants are entitled for deduction on account of cash discount from the assessable value as per the old valuation rules. To support this contention, reliance is placed on Commissioner of Central Excise, Bangalore vs. H R Johnson (India) Ltd. 1999 (112) ELT 65 (Tribunal) which has been confirme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, the impugned order is to be upheld and the appeal has to be dismissed. 5. Heard both sides. 6. After hearing both the sides and considering the various case laws submitted by both the sides we are bound by the law laid down by the Hon'ble apex court. In the case of H R Johnson (India) Ltd. (supra), the Hon'ble apex court has held that the cash discount is deductible from the assessa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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