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2017 (5) TMI 460 - AT - Central ExciseGrant of trade discount - Held that: - the discounts by any name are allowable as abatement subject to the condition that it is known prior to the clearance of the goods - Since the stockists are allowed actual discount of 18.5% as per the law the party is entitled to claim 18.5% for all its clearances irrespective of the fact that the actual discount allowed to the sub-stockists is only 16% - discount allowed. Turnover discounts - Held that: - the issue stands decided in the case of Commissioner of Central Excise, Chandigarh vs. Goezte (India) Ltd. [2010 (7) TMI 363 - CESTAT, NEW DELHI] wherein it has been held that deduction of trade discounts for determining the assessable value is permissible only to the extent of the said discounts actually passed on to the buyers - matter remanded for verification. Whether adjustment of refund with the demands at the time of finalization of provisional assessment is permissible? - Held that: - The issue has been considered at length in the decision of Hon’ble Karnataka High Court in the case of Toyota Kirloskar Auto Parts Pvt. Ltd. vs. CCE, LTU, Bangalore [2011 (10) TMI 201 - KARNATAKA HIGH COURT], where it was held that there is no indication that when an assessee is permitted to pay duty in pursuance of a provisional assessment order, if he is dealing with more than one goods, they have to be treated separately - there is no reason to interfere with the findings of the Commissioner (A) on the question of adjustment at the time of finalization of the provisional assessment. Appeal disposed off - partly decided against Revenue - part matter on remand.
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