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2013 (9) TMI 542 - CESTAT NEW DELHIValuation - reduction of discount from the value - Discounts not shown in the invoices - cash discount quarterly and annual trade discount depending upon the actual performance of their buyers - Held that:- Procedure has not been strictly followed but it was in the knowledge of the Department that quantity and turnover discount was being passed on by the assessee - Only on the ground that the procedure was strictly not followed it will not be appropriate to disallow the quantity and turnover discount which the party was otherwise entitled as per law – Decided in favor of Assessee Extended period of limitation – Held that:- Pattern of sale and allowing of discount to their customers was duly intimated by the appellants to the Department and it was in the knowledge of Department that quantity and turnover discount was being passed on by the assessee - Suppression of the facts cannot be alleged in this case and accordingly the extended period of limitation will not be applicable in the case – Decided in favor of Assessee.
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