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TMI Blog2018 (2) TMI 679X X X X Extracts X X X X X X X X Extracts X X X X ..... rovided discount, it cannot be said that M/s Tata Motors has incurred any expenditure on behalf of Appellant - demand do not sustain - appeal allowed - decided in favor of appellant. - E/629, 630/08 - A/92019-92020/2017 - Dated:- 25-9-2017 - Shri Ramesh Nair, Member (Judicial) And Shri Raju, Member (Technical) Shri Pradeep Korde, Consultant for Appellant Shri Deepak S.Chavan, Supdt. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considering to be addition to the assessable value. The Appellant were issued show cause notices and the demand of ₹ 92,736/- was confirmed by the Adjudicating Authority. The Appellant filed appeal before the Commissioner (Appeals) who upheld the adjudication order. Hence the present appeals. 2. Shri Pradeep Korde, Consultant appearing for the Appellant submits that the discount of 1.9% g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. It is a settled law that any discount in the form of cash discount, Trade Discount are allowed to be deducted from the assessable value. He relies upon the Judgments in case of CCE, Madurai Vs. Agsar Paints (P) Ltd. 2001 (137) ELT 611 (T) and Metal box India Ltd. Vs. CCE, Madras 1995 (75) ELT 449 (SC). He further submits that it is not disputed that the discount was passed on to the buyer. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority has held that the discount has not been passed on the buyer. However we find that it is not disputed that the Appellant has provided such discount to M/s Tata Motors on the invoices itself and the payment in view of such discount the payment was received within 89 days. Clearly since the Appellant had consented to receive payment early from Tata Motors by agreeing to get the Hundi disco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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