TMI Blog2017 (4) TMI 637X X X X Extracts X X X X X X X X Extracts X X X X ..... ount is that the value of the excisable goods even on the basis of “transaction value” has only to be at the time of removal, that is, the time of clearance of the goods from the appellant’s factory or depot as the case may be. There will be no need to add back the discounts to the assessable value, even if the same are subsequently recovered. Similar views were taken by the Tribunal in the assessee-Appellants’ own case in Excise Appeal No.400 of 2011 dated 20.12.2016 - Appeal allowed - decided in favor of the assessee. - Excise Appeal No.2631 of 2009 - A/52470/2017-EX[DB] - Dated:- 14-3-2017 - Mr. (Dr.) Satish Chandra, President And Mr. Ashok K. Arya, Member (Technical) For the Appellants : (Rep. by Sh. Ashish Vaish, Adv.) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... does not include the amount of duty of excise, sales tax and other taxes, if any, actually paid or actually payable on such goods. The lower authorities have disallowed the claim of the assessee-Appellants. Being aggrieved, the assessee-Appellants have filed the present appeal. 4. With this background we have heard Shri Ashish Vaish, learned counsel for the assessee-Appellants and Shri G.R. Singh, learned DR for the Revenue. 5. After hearing both the parties and on perusal of record, it appears that the issue is squarely covered by the assessee-Appellants own case for the previous period in Excise Appeal No.629/2008 dated 15.6.2016 where the Tribunal has also relied upon the ratio laid down by the Hon ble Supreme Court in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this clear language of the Section itself, the Bombay High Court in the case of Jenson Nicholson (India) Ltd. v. Union of India, 1984 (17) E.L.T. 4 (Bom.) has filed that the wholesale cash price on which the excisable duty is assessable will naturally be the price minus the cash discount allowed in the invoice. The Hon ble High Court has proceeded on the basis that the sales are effected on the basis of the price basis which themselves mention the various terms subject to which the sales are effected. The Tribunal followed the said Judgment in CCE, Meerut v. Station Shox Ltd., 1996 (85) E.L.T. 139 (T). The provision of Section 4 of the Central Excise Act have since then completely changed. As per new Section 4. Value shall in a c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods a ordinarily sold in the course of wholesale trade. Now under New Section 4, one has not to look as to what is the price at which goods are ordinarily sold in the course of wholesale trade. The price actually paid or payable is to be taken up as the assessable value. In the present matter, the transaction value has to be taken for the purpose of assessment of duty under Section 4 of the Central Excise Act and as admittedly no cash discount has been given to the customers, the actual price paid by them shall be the assessable value. 12. Accordingly, we reject the appeal as far as it relates to the allowance of deduction on account of cash discount. In respect of volume discount and sales tax and duty liability in respect of retu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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