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TMI Blog2023 (3) TMI 437X X X X Extracts X X X X X X X X Extracts X X X X ..... t by the appellant to show that the 22 per cent discount did not represent 'trade discount' is a percentage deduction from the regular list or catalogue price of goods. As there was no case for the appellants that there was any secret arrangements between the wholesale dealers and the respondent in respect of the sales to them or that the price of the articles was understated in the agreements or that any extra-commercial advantages to the dealers were taken into account in fixing the price we do not think that we should go into the question whether the discount allowed to the wholesale dealers was 'trade discount' or not for the purpose of the explanation. In view of the clear principle enunciated by this Court which is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice No. Dt. Period Different Duty 1 C.No. VI(MP) Demand(12) ADJ- 116/98/3149 DT. 26.3.99-SCN No. 12/Commar.-AUD- 99/26.3.99 April 94 to Feb.,99 Rs. 14,5949,158.65 2 C.No. 20 CE/Somaiya/SBZ/99 550 dt. 31.8.99 March, 99 to July, 99 Rs. 25,12,528/- 3 C.No. 20- CE/Somaiya/SBZ/61 dt. 18.1.2000 August, 99 to Dec, 99 Rs. 4,99,417/- 3. The respondent-assessee, contended that upon a proper valuation in terms of Rule 6(p)(ii) of the Central Excise Rule, 1994, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d (supra), in para '19' the judgment has observed the while determining the price which is to represent the real value of the goods to be taxed, the price must be conservative in every respect. Therefore, while determining the price of the goods being cleared for captive consumption by invoking Rule 6(b) (i), on the basis of the price of comparable goods of the same assessee or other assesses, the most conservative price must be adopted, not the highest of the prices as it will loose the character of the normal price. 6. Learned counsel for the revenue submitted that CESTAT fell into error in not accepting the Commissioner s determination that the value of the goods were properly determined under Rule 6(b)(i). He submitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht, except that if a consumer contracted to buy from them all his requirements for a year, he was entitled to a discount from 2-1/2 to 15 per cent according to the quantity bought in the year. No other lubricating oil of a like kind and quality was sold in Bombay. On the question whether the appellant was bound to pay customs duty on the basis of clause (a) or clause (b) of Section 30 of the Sea Customs Act, 1878, the Privy Council held that since the sales were to customers direct, the real value of the goods cannot be ascertained under clause (a) of Section 30 and that clause (b) of Section 30 was applicable. Their Lordships said that in determining the price which is to represent the real value of the goods to be 'taxed, the price m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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