TMI Blog2014 (2) TMI 717X X X X Extracts X X X X X X X X Extracts X X X X ..... scount 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 fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts on records in respect of unit no.1 are that on scrutiny of the trial balance for the period 2005-06 to 2009-10, sample copies of the commercial invoices an ER-1 return for the relevant period of the another unit of the party situated at D-28, SMA Indl. Area, G.T. Karnal Road, Delhi (unit No.1), it was observed that 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 and accordingly, the unit No.1 of the appellant had short paid the duty as per the value shown in their commercial invoices. It was also observed that the value as per ER-1 return (assessable value + duty) did not tally with the domestic sales value shown in the trial balance for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he sales which arose only once the process of manufacturing was completed. Availment of Cenvat Credit of service tax and utilization thereof for payment of central excise duty resulted in clearance of excisable goods without payment of duty. 5. Ld. Counsel of the appellant submitted that admittedly they have been paying duty minus 4 % discount and also they have been charging the dealers on the commercial invoices which included 4%. However, they submitted that wherever the parties fulfilled the requirements, cash discount of 4% was allowed to them and reconciliation at the end of the month were in respect for clearances where dealers/buyers failed to fulfil the requirements of the cash discount, no duty on that amount was paid by them on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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. 8. 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. It is necessary that the appellant need to be put to some terms of deposit for hearing their appeals. 9. In view of above, we direct the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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