2007 (1) TMI 581

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..... omers who did not pay for the goods within the stipulated period of three days on the ground that it was an extra amount which was part of the normal price of the goods sold, is no longer res Integra as it has been settled in favour of the assessees by the judgment of the Hon'ble Bombay High Court in Goodlass Nerolac Points Ltd. vs. UOI 1993 (65) ELT 186 (Bom.) which has been upheld by the ape .....

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..... . Union of India and Ors., reported in 1984 (17) ELT 4 (Bom.). In that case, a Division Bench of this Court considered the clarification given by the Supreme Court in the case of Bombay Tyres International Pvt. Ltd. - 1984 (17) ELT 329 (SC) and held that the cash discount which was offered in that case viz., 4% of the total price allowed if the payment was made in cash - was known to the parties c .....

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..... gments which have settled the law since 1984, we do not see any reason whey we should disturb the said law in this area. The Assistant Collector was not right in rejecting the judgment of this Court in the case of Jenson and Nicholson. The Assistant Collector is, therefore, directed to grant to the petitioners cash discount in the light of the above judgment in the case of Jenson and Nicholson. .....

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