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Gujarat Guardian Ltd. Versus Commissioner of C. Ex. & S.T., Surat

2015 (8) TMI 1291 - CESTAT AHMEDABAD

Reference of constituting a five Member Bench - Valuation - deduction of cash discount - Held that:- Considering the submissions of both the sides and particularly that there is no need to refer the matter to five Member Bench in view of the Hon’ble .....

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ursue the appeal before the learned Division Bench on merit and other issues, to canvass all points on the basis of binding decisions. Registry is directed to place the matter before regular Bench for appropriate order. - E/1430/2011 - Interim Order .....

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P.K. Das, Member (J)]. - In view of the conflict of opinion of two Larger Benches, (both consisting of the Hon ble three Members of the Tribunal), in the case of CCE, Ahmedabad v. Arvind Mills Ltd. - 2006 (204) E.L.T. 570 (Tri.-LB) and Lucas TVS Ltd. .....

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to a five Members Bench or otherwise. 2. In the present appeal, the appellants were engaged in the manufacture of Float Glass. They were selling the goods at factory gate and offered cash discount to the customers for making payment promptly. Pr .....

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Ltd. (supra), held that the cash discount was permissible deduction from the assessable value, irrespective of the fact whether the buyer actually availed or not. In view of the decision of the Larger Bench, the appellant stopped payment of duty, eve .....

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November, 2006 to February, 2011. The adjudicating authority confirmed the demand of duty along with interest and imposed penalty, holding that in the case of Lucas TVS Ltd. (supra), another Larger Bench of the Tribunal, had disagreed with the decis .....

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ision of Arvind Mills Ltd. (supra) and requested the Hon ble President for constituting a Bench of five Members to resolve the conflict between the Co-ordinate Bench in Arvind Mills Ltd. case. Both sides submit that they have no knowledge as to wheth .....

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constituting a five Member Bench as per order of Lucas TVS Ltd. (supra). The learned Advocate further submits that in the present appeal, the appellant is entitled to get the relief, insofar as the demand of duty along with interest and penalty is l .....

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