2009 (9) TMI 866

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..... dent. ORDER Heard both sides. In this appeal filed by the department four issues have been raised as submitted by the Ld. JCDR, Shri B.B. Agarwal :- 1. Turnover Discount 2. Prompt Payment Discount 3. Sales Tax/Octroi 4. Application of CAS4 to valuation of intermediate goods for the period prior to 13-2-03. 2. As regards the second issue relating to the Prompt payment discount is concerned, .....

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..... ed Accountant, taking into account the actual discounts given over a period of time in respect of turnover discount and the taxes paid not only over a period of time but also in respect of all the factories of the respondents since the goods have been sold at a uniform price all over India. 5. Shri S. Ignitious, Ld. Advocate, submits that claim for such deduction is supported by the clarificatory .....

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..... tax and surcharge on sales tax, the Hon'ble Supreme Court's decision in the case of Bombay Tyres International (cited supra) states that when a manufacturer has more than one factory and the goods are sold at the same price, the deduction allowed under the said judgment can be computed and allowed on the basis of such uniform price. Shri S. Ignitious, Ld. Advocate submits that this is what the app .....

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