TMI Blog2011 (1) TMI 1316X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Heard both the sides. 2. The issue involved in this case is that the appellant clears goods from factory to the depot by paying duty on list price minus trade discount @ 37%. On sale from depot, the appellant gives discount @ 30% at the time of removal and balance 7% is given at the year end. The Revenue is not disputing the fact that 30% discount was given at the time of sale from d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... settled by the Hon ble Supreme Court in various cases starting with Union of India Others v. Bombay Tyre International reported in 1984 (17) E.L.T. 329 (S.C.) and more clearly affirmed in Government of India v. Madras Rubber Factory Ltd. reported in 1995 (77) E.L.T. 433 (S.C.). 4. From the very nature of turnover discount, it is very clear that the quantum will not be known at the time of cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ason to deny a substantial benefit which is already settled by law. In the circumstances, requirement of deposit of duty and penalty is dispensed with and the appeal itself is disposed of holding that there is no merit in the demands confirmed in the order in appeal. Accordingly stay application and appeal are disposed of. (Order dictated and pronounced in the open Court) - - TaxTMI - TMITa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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