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2016 (1) TMI 696 - CESTAT NEW DELHI

2016 (1) TMI 696 - CESTAT NEW DELHI - TMI - Deduction of discounts from all the clearances - determination of assessable value under Section 4 of the Central Excise Act, 1944 - appellant is deducting cash discounts from the transaction value on the clearances made from their factory to all the customers irrespective of the fact that the customers are not paying the amount in time and the cash discount has not been passed - Held that:- As relying on Purolator India case [2015 (8) TMI 1014 - SUPRE .....

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parties. 2. The issue involved in this case is that in a case where the appellant is deducting cash discounts from the transaction value on the clearances made from their factory to all the customers irrespective of the fact that the customers are not paying the amount in time and the cash discount has not been passed. In these circumstances, whether the appellant is entitled to claim the discounts as deduction from all the clearances while determining the assessable value under Section 4 of th .....

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uch goods were ordinarily sold in the course of wholesale trade, post amendment each transaction is looked at by itself. However, "transaction value" as defined in sub-clause (3)(d) of Section 4 has to be read along with the expression "for delivery at the time and place of removal". It is clear, therefore, that what is paramount is that the value of the excisable goods even on the basis of "transaction value" has only to be at the time of removal, that is, the time .....

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