1992 (3) TMI 72

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..... s having its registered office at Mount Road. The petitioner has its factory at Avadi, Madras and has been carrying on business in the manufacture of brake linings and clutch facings for automotive and non-automotive parts having technical collaboration with Abex Corporation of U.S.A. The petitioner submitted a price list under Rule 173C of the Central Excise Rules for the purpose of levying excis .....

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..... ducts to others. The petitioner company submitted its explanation to the show cause notice. The Collector of Central Excise, the second respondent herein, dropped the show cause notice and directed that the assessable value will be based on the price at which the company sells the products to their wholesale dealers. Accordingly, the petitioner company was charged with duty on that basis. However, .....

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..... ing the same procedure which it has been following in Madras. During the course of verification of the invoices and debit notes raised from the petitioner, it was noticed that the assessee had not passed on the 33% discount as approved in the Part I price list, from time to time by the Assistant Collector of Central Excise, Virudhunagar, but they have passed only 25% of the discount to the wholesa .....

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..... 11A(1) of the Central Excises and Salt Act, 1944 as amended inasmuch as they have wilfully suppressed the fact of not allowing the 33% discount and allowing only 25% discount to the wholesale dealers. The petitioner submitted their explanation. However, the Collector of Central Excise the second respondent herein by the impugned order dated 21-12-1988 directed the petitioner to pay the entire sum .....

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..... o the facts and circumstances set out hereinabove, the wholesalers are not related persons and consequently, the petitioner is entitled to 33% discount and hence the impugned order is liable to be quashed and is accordingly quashed with a direction that the petitioner shall pay back the differential amount collected from the wholesalers concerned to them. Accordingly, the writ petition is ordered. .....

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