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TMI Blog2019 (2) TMI 1239X X X X Extracts X X X X X X X X Extracts X X X X ..... is given at the rate of two percent, if the bill amount is paid within 10days and discount is 1% if payment is made within 20 days. While clearing the goods manufactured by them (in respect of factory sales and depot sales) the appellant pays the duty on a value based on fully discounted price. In respect of factory gate sales, differential duty is paid by the appellant subsequently on the value of cash discount not availed by the buyers. However, in respect of godown sales, no duty is paid on the excess value (Cash discount not availed by buyers at depot).The case of the department is that the cash discount which was not availed by the buyers is part and partial of the transaction value and accordingly, excise duty demand was raised by iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 471(SC) 2. Arvind Mills Ltd. 2006 (204) E.L.T 570 (Tri.- L.B.) 3. TVS Motor Company Ltd. 2016 (344) ELT 246-Tri- Chennai 4. Havells India Ltd 2017 (357) E.L.T. 407 (Tri- Del.) 5. TVS Motor Co. Ltd. 2016 (331) E.L.T. 3 (S.C) 6. Jenson & Nicholas (India) Ltd. & Another 1984 (17) E.L.T. 4- Bombay 7. Goodlass Nerolac Paints Ltd. 1993-Taxmann.com- 58 (Bombay) 8. H&R Johnson (India) Ltd. 1999 (112) E.L.T 65 (Tribunal) 9. Bhartia Cutler Hammer Ltd. 1988 (34) E.L.T. 373 (Tribunal) 3. Shri S.N. Gohil, Ld. Supdt. Appearing on behalf of the Revenue reiterates the finding of the impugned order. 4. We have carefully considered the submission made by both sides and perused the records, we find that cash discount is additional discount that in c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the goods sold shall be the transaction value. In the present case, there are two amounts which are paid or payable: 1) The discounted price 2) The discount amount that was taken is not made in the given time. Therefore in case of failure of payment on given time, the discount amount also become payable on the sale. The definition also prescribed that not only the amount by the buyers at the time but any amounts that buyer is liable to pay either at the time of sale or thereafter even is part of the transaction. Therefore, in the present case, even the discount amount is not payable at the time of sale of the goods but same is payable subsequently when the payment is not made within the prescribed time limit i.e., 4 days or 14 days as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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