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2018 (8) TMI 1082 - AT - Central ExciseValuation - includibility - The case of the department is that the discount shown in the invoice is towards freight, therefore the same is not deductible from the assessable value - Held that:- The appellant have admittedly shown the amount of discount in the sale invoice and the same has been passed on to the customer. In this fact, the deduction of discount is permissible in terms of Section 4 of Central Excise Act, 1944 - no duty can be demanded on such discounted amount - demand set aside. MODVAT/CENVAT credit - Capital goods - video control cabinet for injection moulding machine - Held that:- Even as per the use there is no dispute that it is used an accessory to injection moulding machine, therefore, even though the said goods is excluded in serial No. 2 of table annexed to the definition of capital goods, but it is included in the serial No. 5 as component parts and accessories of the machine falling under serial No. 1 to 4 irrespective of any chapter heading. Therefore, the video control cabinet being an accessory of injection moulding machine which falls under 8477 and the same is covered by serial no. 2, the credit on video control cabinet is admissible - credit allowed. Appeal allowed - decided in favor of appellant.
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