TMI Blog2018 (8) TMI 1082X X X X Extracts X X X X X X X X Extracts X X X X ..... nt in the sale invoice and the same has been passed on to the customer. In this fact, the deduction of discount is permissible in terms of Section 4 of Central Excise Act, 1944 - no duty can be demanded on such discounted amount - demand set aside. MODVAT/CENVAT credit - Capital goods - video control cabinet for injection moulding machine - Held that:- Even as per the use there is no dispute th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or Respondent: Sh. G. Jha (AR) ORDER Per: Mr. Ramesh Nair The brief facts of the case are that the appellant is supplying their manufactured goods on FOR Basis. In the sale invoice, they are showing discount and on the value excluding the discount, duty was paid. The other issue is that the appellant have availed the Cenvat credit on video control cabinet for injection moulding machi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further submits that even if it is considered as freight in case of FOR sale, the deduction of freight is permissible as held by the Hon ble Supreme Court in the case of Ispat Industries Ltd. 2015 (324) ELT 670 (SC). Regarding the issue of Modvat Credit on capital goods he submits that though the goods i.e. video control cabinet falling under 8471.99 is excluded from serial no. 2 of the table giv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the capital goods hence credit is rightly denied. 4. We have carefully considered the submissions made by both the sides and perused the records. As regards the issue of deduction of discount on the sale value to arrive at the assessable value, we find that the appellant have admittedly shown the amount of discount in the sale invoice and the same has been passed on to the customer. In this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of capital goods, but it is included in the serial No. 5 as component parts and accessories of the machine falling under serial No. 1 to 4 irrespective of any chapter heading. Therefore, the video control cabinet being an accessory of injection moulding machine which falls under 8477 and the same is covered by serial no. 2, the credit on video control cabinet is admissible. As per our above d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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