TMI Blog2018 (6) TMI 1207X X X X Extracts X X X X X X X X Extracts X X X X ..... . where it was held that the actual amount that the buyer is liable to pay at the time of sale or at any other time shall be the transaction value, and excluding the discount value is the correct transaction value and duty cannot be charged on the discount amount which is neither paid nor payable in the case of sale of the goods. The quantity discount was rightly claimed by the assessee-Appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imed refund of duty paid at the time of clearance on the quantum of such amount of quantity discount. The Department has not agreed. Being aggrieved, the assessee-Appellants have filed the present appeal. 3. With this background, we have heard Shri Mukund Chawla, learned Chartered Accountant for the assessee-Appellants, and Shri A. Mishra, learned DR for the Revenue. 4. After hearing both si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... venue are applied, it will support the appellant‟s case for the reason that they have declared their quantity discount before the sale of the goods from the place of removal i.e. Depot and discount was shown in the sale invoice. In recent judgment of Purolator India Ltd. v. Commissioner of Central Excise, Delhi-III, we find that as per the definition of transaction value‟ under the am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is liable to pay at the time of sale or at any other time shall be the transaction value. In the present case admittedly the sale has not taken place from the factory gate but goods were sold from the depot and at the time of sale from the depot the price charged was the price minus quantity discount therefore the price excluding the quantity discount is an amount payable at the time of sale or at ..... X X X X Extracts X X X X X X X X Extracts X X X X
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