9911796707
TMI Blog2017 (12) TMI 1207X X X X Extracts X X X X X X X X Extracts X X X X ..... owed - appeal allowed - decided in favor of appellant. - E/33/07 - A/91014/17 - Dated:- 30-11-2017 - Shri Ramesh Nair, Judicial Member And Shri Raju, Technical Member Shri S.S. Gupta, C.A. for Appellant Shri H.M. Dixit, Asstt. Commr. (A.R) for respondent ORDER Per: Raju This appeal has been filed by M/s. J.K. Files Tools against disallowance of turnover discount, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iture on freight and insurance. The show cause notice was issued to the appellant seeking to disallow deduction of turnover discount, freight and insurance. The deduction on account of turnover discount to the extent of ₹ 3,97,964/- which was not passed on the customer was disallowed and duty amounting to ₹ 63,675/- basic and education cess of ₹ 1,273/- was confirmed. Deduction o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst another head. 2.1. Learned Chartered Accountant relied on the decision of Tribunal in the case of M/s. Raymond Ltd. vide order No.A/3624-3627/15/EB dt. 20.10.2015. 3. Ld. AR relies on the impugned order. 4. We have through the rival submissions, we find that the Tribunal decision in the case of M/s. Raymond Ltd. (supra ) clarifies the issue regarding adjustment of excess duty pai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pat Industries Ltd. - 2015 (10) TMI 613 - SC has held that freight and insurance charges are allowable discount even after 1.7.2000. Relying on the said order the adjustment of excess payment of duty under one head against short payment of duty in another head during the finalization of provisional assessment is allowed. Appeal is consequently allowed relying on the aforesaid decision. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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