Just a moment...

Report
ReportReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Report an Error
Type of Error :
Please tell us about the error :
Min 15 characters0/2000
TMI Blog
Home /

2006 (9) TMI 50

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....remand by the Hon'ble Supreme Court vide judgment dated 26th April 2001 [2001 (130) E.L.T. 721 (S.C.)]. The issue for consideration is quantity discount. The direction of the Hon'ble Supreme Court may be read :- "So far as quantity discount is concerned, learned counsel for the assessee and the learned Attorney General are agreed that the order under challenge should be set aside (insofar as it r....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ity for that discount remains judicially approved through several judgments of the Tribunal and the Hon'ble Supreme Court. Reference in this regard is being made to the judgment dated 4th August 2005, the Hon'ble Supreme Court in Appeal No. 6611-6612/99 - CCE v. M/s. Hindustan Lever Ltd. [2005 (189) E.L.T. A148 (S.C.)]. Reference is also made to the decision of this Bench in Appeal No. E/616 & 680....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....culars. He would also point out that the appellant has not filed any circular or any such general communication to prove the basis of the quantity discount or that it was known to the trade. 5.We may read the objection taken in the impugned order first:- "As regards quantity discount the same is nowhere mentioned in the invoice. Though bulk discount are generally admissible in course of trade b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion was only that discount should be mentioned in each of the sale invoices. 7.The above objection is not sustainable. It is in the nature of a quantity discount that it would accrue only upon the purchase of a given quantity and that quantity may be reached only over a period of time. In respect of consumer goods, where delivery is on a regular basis, it is to be expected that quantity discount ....