2009 (8) TMI 279

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..... or the Appellant. S/Shri R. Raghavan and M. Khannan, Advocates, for the Respondent. [Order per: Jyoti Balasundaram, Vice-President]. - The brief facts of the case are that the assessees herein are engaged in the manufacture of excisable goods falling under Chapter Headings 72.04, 82.07 and 87.08 of the Central Excise Tariff Act, 1985. They sold goods to M/s. TELCO based on purchase orders in whi .....

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..... goods sold by the respondents herein. The Addl. Commissioner held that 1.9% discount was in the nature of commission and not a trade discount and upheld the demands raised in the SCNs and also imposed penalties. 2. We have heard both sides. There is no dispute that 1.9% collected by the bank from M/s. TELCO, buyer of the goods in question, was not passed on to the manufacturers/sellers. We also n .....

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