TMI Blog1977 (6) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... r cent in respect of cash box and 12 per cent in respect of safe and wall coffers but in other cases he did not allow any discount. In this application, I am concerned with the last mentioned cases, that is, not in respect of cash box or safe and wall coffers. The Appellate Collector had in all other cases admitted abatement of discount allowed by the petitioners at varying rates ranging from `nil to 15 per cent in the orders in appeal. He had held as follows :- I, therefore, set aside the order of the Assistant Collector and admit the appeal inasmuch as when discount is actually allowed by the appellant (meaning thereby the petitioner) `it shall be deducted from the assessable value . 2. The Central Government was of the view tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... place of manufacture or production, or if a wholesale market does not exist for such articles at such place, at the nearest place where such market exists, or (b) where such price is not ascertainable the price at which an article of the like kind and quality is sold or is capable of being sold by the manufacturer or producer, or his agent, at the time of the removal of the article chargeable with duty from such factory or other premises for delivery at the place of manufacture or production or if such article is not sold or is not capable of being sold at such place nearest thereto. Explanation. - In determining the price of any article under this section no abatement or deduction shall be allowed except in respect of trade discount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -manufacturing costs have to be eliminated in computing the value of an article for the purpose of levying duty. lt is well settled that in implementing the scheme of this nature commercial pragmatic view of the matter is admissible and indeed is necessary. On behalf of the petitioner it was contended that trade discount was normally not to be given from the manufacturing cost. Trade discount was allowed only by curtailing the post-manufacturing profit of a manufacturer. Therefore, it was urged that is consistent with the ordinary human conduct that if maximum trade discount is allowed in a case it comes out of the post-manufacturing profits or post-manufacturing cost. Of course, this is a course of human conduct of which judicial notice ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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