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2015 (8) TMI 1291 - CESTAT AHMEDABAD

2015 (8) TMI 1291 - CESTAT AHMEDABAD - 2016 (332) E.L.T. 739 (Tri. - LB) - 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 Supreme Court decision in the case of CCE, Pune v. SKF India Ltd. (2009 (7) TMI 6 - SUPREME COURT ), we decline to answer reference as to whether, it is necessary to refer the .....

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Nagori, Authorised Representative, for the Respondent. ORDER [Order per : 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. v. CCE, Chennai - 2009 (233) E.L.T. 192 (Tri.-LB), the learned Division Bench of this Tribunal by Interim Order No. 02/2014, dated 29-1-2014, referred this matter before a th .....

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anuary, 2006, the Larger Bench of the Tribunal in the case of Arvind Mills 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, even the cash discount was not availed by the buyers. Show cause notices were issued, proposing differential duty along with interest and to impose penalty, on amount of the cash .....

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