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TMI Blog2011 (6) TMI 591X X X X Extracts X X X X X X X X Extracts X X X X ..... paid in respect of parts and pressure cookers respectively and therefore, the discounts are not permissible – Held that:- discount is as a percentage of sale value, for the purpose of arriving at the pro-rata discount they have taken the retail sale price of the goods sold which indicates that the discount which is actually claimed in respect of the parts is less than what they have actually passed on. They have also submitted sample invoices from where it can be seen that they are passing on these discounts to the buyers of the goods, appeal is dismissed X X X X Extracts X X X X X X X X Extracts X X X X ..... nt : 30.84% (ii) Taxes and Octroi : 7.16% 2.2 The discounts were allowed on the basis of chartered accountant's certificate submitted by the assessee. The department felt that the said certificate arrived at the discounts on equalised basis and not on the basis of actual discounts passed on to the consumers or on actual taxes paid in respect of parts and pressure cookers respectively and therefore, the discounts are not permissible. The learned Commissioner (Appeals) rejected the appeal filed by the department on the ground that: "The apprehension underlying the appeal that expenses incurred for sale of pressure cookers (which are assessable under section 4A of the Act) have also been included for the purpose of deduction is not supporte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f-year ending discounts are allowed on actual basis taken from the sales ledger maintained by the respondent. As regards the prompt retirement discount and rebate for national pricing, the same has been arrived at on a pro-rata basis taking into account the total sales made by the respondent during the year and the total discount granted and apportioning the discount on a pro-rata basis on the sale of parts. The department's objection seems to be that since the total sale includes sale of pressure cookers also, which are assessable to duty on MRP basis under Section 4A, the discounts given in these sales are not relevant and only actual discounts given to parts should be taken into account while computing the transaction value of the parts. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned counsel for the respondent also submitted that though the discount is as a percentage of sale value, for the purpose of arriving at the pro-rata discount they have taken the retail sale price of the goods sold which indicates that the discount which is actually claimed in respect of the parts is less than what they have actually passed on. They have also submitted sample invoices from where it can be seen that they are passing on these discounts to the buyers of the goods. In the light of the factual findings given by the assessing authority that he has verified the invoices and allowed the discounts on actual basis, we do not find any merit in the appeal, which is based on apprehension without any supporting evidence. 6. Acco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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