9911796707
TMI Blog2016 (1) TMI 696X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent : Shri S Nanthuk, Joint CDR ORDER Per Ashok Jindal Heard the parties. 2. The issue involved in this case is that in a case where the appellant is deducting cash discounts from the transaction value on the clearances made from their factory to all the customers irrespective of the fact that the customers are not paying the amount in time and the cash discount has not been passed. In thes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s defined in sub-clause (3)(d) of Section 4 has to be read along with the expression "for delivery at the time and place of removal". It is clear, therefore, that what is paramount is that the value of the excisable goods even on the basis of "transaction value" has only to be at the time of removal, that is, the time of clearance of the goods from the appellant's factory or depot as the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the sale price in order to arrive at the value of excisable goods "at the time of removal". 4. As the issue has been answered by the Hon'ble Apex Court, as observed hereinabove in the case of Purolator India Ltd. (supra), therefore, the issue is no more res integra. Therefore, we hold that the appellants are entitled for claiming deduction of cash discount from the transaction value on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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