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M/s U.P. Asbestos Ltd. Versus Commissioner of Central Excise, Lucknow

2017 (2) TMI 572 - CESTAT ALLAHABAD

Whether disallowance of cash discount vide the impugned order is just and proper - Availment of partial exemption - Notification No. 5/2007 - Held that: - in the remand Orders-in-Original No.54 56/2013/AC/Division-I/LKO dated 31/05/2013 the Assistant Commissioner have allowed the discounts as deductible pursuant to verification that the discounts in question have been passed on by the appellant to their buyers - Appeal allowed - decided in favor of the assessee. - E/1629-1630/2010-EX[DB] - A/700 .....

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than 25% by weight in the products, and have allowed discount to their buyers and consignment agents posts clearance, whether the disallowance of such discount vide the impugned order is just and proper. 3. The admitted facts are that the appellant was clearing their goods by availing partial exemption of duty to the extent of 8% on their final products under Notification No. 5/2007, since they used fly ash not less than 25% by weight, in manufacturing their products. The appellant clears their .....

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s to stockist/dealers/customers. The consignment agents get remuneration and office maintenance expenses from the appellant. 4. However, the goods are sold at uniform rate all over India and in all the three cases the goods are removed from the manufacturing unit, only on payment of Central Excise duty. On scrutiny of records, ER-1 returns and other documents, the Revenue for the period March, 2007 to July, 2007, was found that the appellant cleared the final products valued at ₹ 38,12,03, .....

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cture was known undisputedly and the said discount was adjusted in the invoices by way of issue of credit notes and further they have passed on the discount to their customers and made relevant adjustment in the books of accounts. Accordingly, they have paid the correct duty payable on the recalculated transaction value, in the returns filed with the revenue. A sum of ₹ 28,49,363/- was demanded as short paid vide SCN dated 20/03/2008 for the period March, 2007 to July, 2007 and the SCN was .....

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