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Cash discounts deductible while determining Transaction value of excisable goods

Central Excise - By: - Bimal jain - Dated:- 3-9-2015 - Dear Professional Colleagues, We are sharing with you an important judgement of the Hon ble Supreme Court in the case of Purolator India Ltd. Vs. Commissioner of Central Excise, Delhi - III [2015 (8) TMI 1014 - SUPREME COURT] on the following issue: Issue: Whether the Cash discounts offered by manufacturer of excisable goods are allowed as deduction while determining value of excisable goods on the basis of Transaction value? Facts & Bac .....

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tment. In these declarations, the Appellant claimed deduction towards Cash discount on Excise duty payable to arrive at the assessable value under Section 4 of the erstwhile Central Excise and Salt Act, 1944 ( the Excise Act ). The Department alleged that the Appellant is not eligible for the deduction claimed on account of Cash discount. Later on, the Ld. Commissioner relying upon the decision in the case of Commissioner of Central Excise, Jaipur-II Vs. Super Synotex (India) Ltd. and Ors. [2014 .....

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f the Appellant s goods. Thereafter, the Tribunal upheld the decision of the Ld. Commissioner. Being aggrieved, the Appellant preferred an appeal before the Hon ble Supreme Court. Held: The Hon ble Supreme Court relying upon the decision in the case of Union of India Vs. Bombay Tyre International Limited [1983 (11) TMI 70 - SUPREME COURT OF INDIA] and Government of India Vs. Madras Rubber Factory Ltd. [1995 (5) TMI 28 - SUPREME COURT OF INDIA ]held as under: Section 4 of the Excise Act as amende .....

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