9911796707
TMI Blog2019 (8) TMI 869X X X X Extracts X X X X X X X X Extracts X X X X ..... e identical issue has been decided by the Hon'ble Supreme Court in the case of Purolators India Ltd-2015 8 TMI 1014 SC. He also placed reliance on the following judgments:- * Arvind Mills Ltd-2006 (11) TMI 4 TRI BOM LB * J K Paper Ltd-2019 2 TMI 1239 TRI AHD * Gujarat Guardian Ltd-2015 8 TMI 1291 TRI AHD * Gujarat Guardian Ltd-2014 2 TMI 210 TRI AHD 3. Sh. L. Patra, Ld. Assistant Commissioner (AR) appearing on behalf of the Revenue reiterates the finding of the impugned order. He submits that even though the discount policy was declared in advance but in cases where the discount was not availed by the buyer and consequently not passed on by the appellant the amount become a part and partial of the transaction value, therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the period Jan, 2006-March 2007. Show cause notice was culminated into Adjudication order whereby demand of duty amounting to Rs. 1,50,611/- was confirmed. Being aggrieved by OIO, appellant appealed before Commr. (A) who upheld the demand and penalty under section 11AC. However, an option of 25% penalty was given. Being aggrieved by the OIA, appellant filed the present appeal. 2. Shri H. Vyapari, Ld. CA appearing on behalf of the appellant submits that the discount policy is declared to the customers well in advance on sale of the goods. Discount is shown in the sale invoice. At times against the said invoice the customer did not avail the cash discount as the payment against the invoice was not made within the stipulated time period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the payment within 4 days from the date of sale, 2% discount is given and in case payment is made in 14 days, 1% discount is given. Being conditional discount operated only when time line given, but the discount is not given to if the payment is not made within the stipulated time i.e. 4 days or 14 days, as the case may be, the scheme of discount is not operated, in such a case. Amount of discount initially offered by the appellant, which was subsequently paid by the buyer shall become part and partial of transaction value falling under the definition of transaction value given in Section 4 of Central Excise Act 1994. It is reproduced below: "Section 4(3)(d) ""transaction value" means the price actually paid or payable for the goods, when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be. In our view the discount amount which is paid by the buyer subsequent to the payment of Bill amount should also form part of assessable value. However, the Hon'ble Supreme Court in the case of Purolator India Ltd. (supra) dealing with the same issue taken a view that transaction value has to be written alongwith expression for delivery at the time or place of deliveries. Therefore, value of excisable goods even on the basis of transaction value is only to be taken i.e. at the time of clearance of goods from assesee's factory or depo. An expression "actually paid or payable for the goods when sold" means whatever is agreed to as price for the goods on the basis of value whether such price, has been paid in parts or has not been paid at a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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