Home Case Index All Cases Central Excise Central Excise + SC Central Excise - 1995 (1) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1995 (1) TMI 380 - SC - Central ExciseWhether the proviso to Section 4(1)(a) can be made applicable after taking out the consideration of interest free advance made by Ponds (I) Limited to the appellant? Held that:- Tribunal was in error in taking the view that as trade discount was uniformly not given to all its customers by the assessee, it was not a permissible deduction and it had to be reloaded in the price of the excisable goods. We, therefore, accept the last contention. In the result these appeals are partly allowed, the order of the Tribunal will stand confirmed insofar as period of limitation applicable herein and reloading of the purchase price by the notional value of interest on advances made by wholesale buyer Ponds (I) Limited to the assessee is concerned and to that extent Assistant Collector's order will stand untouched. However, to the extent of the disallowance of the trade discount offered to the wholesale buyers Ponds (I) Limited by the assessee, the decision of the Tribunal is set aside and accordingly the original order passed by the Assistant Collector to that effect will also stand set aside. In the facts and circumstances of the case, there will be no order as to costs.
|