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        Central Excise

        2000 (10) TMI 541 - AT - Central Excise

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        Deductibility of trade discounts from assessable value upheld for turnover, prompt payment, quantity and dealership discounts. Discounts were deductible from the assessable value of excisable goods where they formed part of the commercial terms known at the time of removal or ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Deductibility of trade discounts from assessable value upheld for turnover, prompt payment, quantity and dealership discounts.

                            Discounts were deductible from the assessable value of excisable goods where they formed part of the commercial terms known at the time of removal or final assessment. Annual incentive linked to yearly purchases was treated as a turnover discount, no goods return discount was allowable if the stated conditions were met, no hundi return discount was treated as a prompt payment discount, quantity discount was accepted despite later quantification, and exclusive dealership discount was regarded as a commercial discount without discretion. All disputed discounts were therefore deductible.




                            Issues: Eligibility of various discounts to be deducted from the assessable value of excisable goods.

                            Analysis: The dispute concerned annual incentive linked to yearly purchases, a no goods return discount, a no hundi return discount, a quantity discount and an exclusive dealership discount. The annual incentive was treated as a turnover discount known at the time of removal though quantified later. The no goods return discount was held allowable if the stipulated conditions were satisfied. The no hundi return discount was treated as a prompt payment discount and found deductible. The quantity discount, though provisionally allowed earlier and quantified later, was held to have been known when the assessment was finalised. The exclusive dealership discount was regarded as a commercial discount without any element of discretion.

                            Conclusion: All the disputed discounts were held deductible from the assessable value.


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                            ActsIncome Tax
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