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TMI Blog2024 (12) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... S C.C. E-BHARUCH [ 2019 (8) TMI 869 - CESTAT AHMEDABAD ] where it was held that ' cash discount which is not at or prior to clearance of goods being contained in agreement of sale between assessee and buyers must, therefore, be deducted from sale price in order to know the value of excisable goods at time.' Thus, the issue is no longer res Integra, accordingly the demand of duty is not sustainable. The impugned order is set aside - appeal allowed. - HON'BLE MR. RAMESH NAIR , MEMBER ( JUDICIAL ) HON'BLE MR. C. L. MAHAR , MEMBER ( TECHNICAL ) Shri S. J. Vyas , Advocate for the Appellant Shri Himanshu P Shrimali , Superintendent for the Respondent ORDER RAMESH NAIR The issue involved is that the appellant is required to pay d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nting paper and registered with Central Excise. During an audit by departmental officers, it was discovered that appellant has two channels of sale: A. Sale at factory gate B. Sale from depot. Appellant has a cash discount policy where cash discount is given at the rate of two percent, if the bill amount is paid within 10days and discount is 1% if payment is made within 20 days. While clearing the goods manufactured by them (in respect of factory sales and depot sales) the appellant pays the duty on a value based on fully discounted price. In respect of factory gate sales, differential duty is paid by the appellant subsequently on the value of cash discount not availed by the buyers. However, in respect of godown sales, no duty is paid on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther submits that on the very same issue bearing the same facts has been decided by the Hon‟ble Supreme Court and the larger bench of Tribunal and various benches of High Court are cited below: 1. Purolator India Ltd. 2015 (60) Taxmann.com 471(SC) 2. Arvind Mills Ltd. 2006 (204) E.L.T 570 (Tri.- L.B.) 3. TVS Motor Company Ltd. 2016 (344) ELT 246-Tri- Chennai 4. 4. Havells India Ltd 2017 (357) E.L.T. 407 (Tri- Del.) 5. 5. TVS Motor Co. Ltd. 2016 (331) E.L.T. 3 )S.C) 6. Jenson Nicholas (India) Ltd. Another 1984 (17) E.L.T. 4- Bombay 7. Goodlass Nerolac Paints Ltd. 1993-Taxmann.com- 58 (Bombay) 8. H R Johnson (India) Ltd. 1999 (112) E.L.T 65 (Tribunal) 9. Bhartia Cutler Hammer Ltd. 1988 (34) E.L.T. 373 (Tribunal) 3. Shri S.N. Gohil, Ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clude the amount of duty of excise, sales tax and other taxes, if any, actually paid or actually payable on such goods. From the definition of transaction value‟ given hereinabove it is clear that the price only paid or payable for the goods sold shall be the transaction value. In the present case, there are two amounts which are paid or payable: 1) The discounted price 2) The discount amount that was taken is not made in the given time. Therefore in case of failure of payment on given time, the discount amount also become payable on the sale. The definition also prescribed that not only the amount by the buyers at the time but any amounts that buyer is liable to pay either at the time of sale or thereafter even is part of the transac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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