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2014 (2) TMI 717 - AT - Central ExciseValuation - inclusion of Cash discount - the assessable value shown in the Central Excise invoice was 4% less than the assessable value shown in the commercial invoices for the same goods - Held that:- full amount of value including 4% discount was charged from the buyer in the commercial invoices. During hearing they could not satisfy that in such situation where full value has been realized by them by way of commercial invoice and later records have been scored out by getting debit notes issued and resultantly paying no duty on the same. No reconciliation relating to differential value found in the trial balance including the value of the availed cash discount could not be proved by any evidence. It is explicitly clear that invoices issued under Rule 11 do not indicate the value of offered/availed cash discounts and where the cash discount has been availed of by the buyers, the value of a availed cash discount cannot form the part of the value of commercial invoices, issued simultaneously for the purpose of computation of value of total sales. Hence, the question of inclusion of value of availed cash discount in the differential value found in the trial balance does not arise. - Valuation provisions are very clear that cash discount is admissible discount if it fulfils the policy requirement of the company and uniformly given to all the buyers. However, lack of any evidence in their favour, we find the preponderance of probability is in favour of the Revenue - Conditional stay granted.
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