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2003 (3) TMI 103 - SC - Central ExciseWhether the differential discount between stockists discount and sub-stockists discount passed on to the stockists by the assessee, is deductible in assessing the excisable value of the goods sold to the sub-stockists? Held that:- From the contentions raised before the Tribunal it appears to have been urged for the assessees that the differential between the higher discount to their stockists and the lower discount to the sub-stockists was passed on to the stockists as commission. If that be the plea, even otherwise, the differential discount cannot be accepted for the purpose of sub-clause (ii) as a permissible deduction. [See : Seshasayee Paper and Boards Limited v. Collector of Central Excise [1990 (2) TMI 52 - SUPREME COURT OF INDIA]. For the aforementioned reason, the differential discount has rightly been disallowed as deduction by the Tribunal in computing the excisable value of the tractors sold by the assessees to the sub-stockists. The appeals fail
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