TMI Blog2017 (10) TMI 1221X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant. - Excise Appeal Nos.51667-51669 of 2016 - A/56515–56517/2017-EX[DB] - Dated:- 7-9-2017 - Mr. (Dr.) Satish Chandra, President And Mr. V. Padmanabhan, Member (Technical) (Rep by Sh. Mehul Jivani, Adv.), for the Appellant (Rep. by Sh. S.K. Bansal, DR), for the Respondent ORDER Per: (Dr.) Satish Chandra All these appeals are filed by the assessee-Appellants against the Order-in-Appeal No.BHO-EXCUS-001-APP-175-15-16 dated 09.02.2016 passed by the Commissioner (Appeals-I) Central Excise, Customs Service Tax, Bhopal. The period in dispute is 2010 to 2012. 2. The brief facts of the case are that, during the period under consideration, the assessee-Appellants were engaged in the manufacture of Pipes o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of cash discount which was not actually passed on to the customers. The learned Advocate has relied upon the decision in Pace Marketing Specialties Ltd., supra, wherein it has been held by the Tribunal that cash discount is a discount allowed for prompt payment for the goods and when this discount is reduced from the invoice price, transaction value at the time of delivery of goods is obtained, otherwise, the invoice price is a future price and as the assessable value is to be determined with regard to time of removal financing and other cost cannot form part of the assessable value. With due regard, we find ourselves unable to agree with this view. The measure for valuation under New Section 4 of the Central Excise Act (with ef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -section(3) of Section 4 of the Act as under :- transaction value means the price actually paid or payable for the goods, when sold, and includes in addition to amount charged as priced, any amount that they buyer is liable to pay to, or on behalf of, the assessee, by reason of, or in connection with the sale, whether payable at the time of sale or at any other time, including, but not limited to, any amount charged for, or to make provision for, advertising or publicity marketing and selling organization expenses, storage, outward handling, servicing, warranty, commission or any other matter, but does not include the amount of duty of excise, sales tax and other taxes, if any actually paid or actually payable on such goods. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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