TMI Blog2002 (2) TMI 486X X X X Extracts X X X X X X X X Extracts X X X X ..... ts which are cleared by them to Industrial Consumers; that they were allowing discount to their customers out of the wholesale price charged from them; that the benefit of discount was given to the customers by way of raising credit notes in their favour subsequent to the sale; that as the discount is an admissible deduction from the wholesale price as per Section 4(4)(d)(ii) of the Central Excise Act they filed claim for refund with the Department along with photocopies of credit notes issued to their customers; that Dy. Commissioner under Adjudication Order No. 162/2000-C.E., dated 31-10-2000 rejected their refund claim on the ground that they had failed to satisfy the requirement of judgment in the case of Bombay Tyre International and M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te, therefore, contended that the No Claim discount was known to their customers and as such the same is a permissible deduction from their price under Section 4 of Central Excise Act. 3. Countering the submissions Shri P.K. Jain, learned SDR, submitted that discount is a permissible deduction from the assessable value only if it is known to the buyers at or prior to the clearance of the goods; that both the lower authorities have given clear findings that no evidence in the form of price circular has been brought on record to prove that the customers were aware of the impugned discount on or prior to the clearance of the goods; that even the so called extract of minutes does not indicate that these were circulated to their customers; t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioned that they had purchased S.S. flats from the Appellants at wholesale price subject to discount @ Rs. 150 P.M.T. to be given by them subsequently. Even these certificates do not reveal as to how the customers were aware that the price was subject to the discount of Rs. 150/- P.M.T. We also observe from the so called extract of minutes that cash discount was also to be given, if payment was made between 7 to 12 days and a higher cash discount, if the payment is made between 2 to 3 days but there is no mention of such discount in certificates. Further, it has been held by the Appellate Tribunal in the case of CCE v. KDR Agglomerated Marvels Ltd., 1995 (77) E.L.T. 710 that identically worded affidavits of various persons based in differen ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
