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TMI Blog2024 (12) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... on. 2. Shri S. J. Vyas learned counsel appearing on behalf of the appellant at the outset submits that this issue in the appellant's own case for the previous period has been decided by this Tribunal vide Final order No. A/11542/2019 dated 14.08.2019 whereby the demand was set aside considering the judgment of Hon'ble Supreme Court in the case of Purolator India Limited 2015 (8) TMI 1014 (SC). 3. Shri Himanshu P Shrimali learned Superintendent AR appearing on behalf of the revenue reiterates the findings of the impugned order. 4. We have carefully considered the submission made by both the sides and perused the records. We find that the issue in hand is no longer res integra. In view of the Hon'ble Supreme Court judgment in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the buyers is part and partial of the transaction value and accordingly, excise duty demand was raised by issuing a show cause notice dated 21/7/2008 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e carefully considered the submission made by both sides and perused the records, we find that cash discount is additional discount that in case the buyer make 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 Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 the case may 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 fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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