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TMI Blog2017 (10) TMI 1109X X X X Extracts X X X X X X X X Extracts X X X X ..... OURT] held that such cash discount is eligible for deduction to arrive at dutiable transaction value. It is very clear that the Hon’ble Supreme Court was also dealing with a case of cash discount which was denied for deduction by the Revenue on the ground that the same was not actually passed on to the customers. In the present case also, the denial of discount for abatement from transaction va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eduction was claimed for arriving at the assessable value for payment of Central Excise duty. In some cases, the discount was not actually passed on to the buyers. On this ground, the Revenue proceeded to demand differential duty by disallowing the discount claimed by the appellants. The original authority confirmed the differential duty and imposed equal amount of penalty under Rule 25 of Central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which was not actually passed on to the customers. The Tribunal concluded that the transaction value has to be taken for the purpose of assessment of duty under Section 4 of the Central Excise Act and as admittedly no cash discount has been given to the customers, the actual price paid by them shall be the assessable value. The Hon ble Apex Court over-ruled such finding of the Tribunal and conclu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... action value. Present impugned orders attempted to distinguish the application of the decision of the Apex Court to the present case. It is very clear that the Hon ble Supreme Court was also dealing with a case of cash discount which was denied for deduction by the Revenue on the ground that the same was not actually passed on to the customers. In the present case also, the denial of discount for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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