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2016 (1) TMI 272 - AT - Central ExciseValuation of goods - appellant had not passed the cash discount to their customers but deducted the quantum of cash discount from the assessable value at the time of clearance - Held that:- Issue is no more res integra as Tribunal in the case of Purolator India Ltd. vs. Commissioner of Central Excise, Delhi - [2004 (11) TMI 208 - CESTAT, NEW DELHI] had considered similar issue and it was held against the assessee therein on the ground that the cash discount which is not passed on is to be included in the assessable value. Aggrieved by such order, the assessee therein took up the matter in Civil Appeal before the Apex Court. The Hon'ble Apex Court in their judgment dated 25.8.2015 as reported at - set aside the order of the Tribunal in so far as it rejected the contention on the cash discount - impugned order is unsustainable and liable to be set aside Cash discounts for prompt payment of price of goods on delivery, are admissible in arriving at the assessable value if they are available to all buyers. - Decided in favour of assessee.
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