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The CESTAT allowed the appeal and set aside the impugned orders,...
Appellant's cash discounts on advance payments held admissible deductions from transaction value; Rule 6 invocation and extended limitation unjustified
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The CESTAT allowed the appeal and set aside the impugned orders, holding that cash discounts granted by the appellant on advance payments constituted admissible deductions from transaction value. The Tribunal found the discounts were disclosed, uniformly available to purchasers who paid advances or within stipulated post-delivery periods, and not evidence that advances influenced the price beyond prescribed discounts; accordingly Rule 6 invocation and application of the extended period of limitation were unjustified. The Commissioner (Appeals) decision for the relevant period was affirmed to the extent it permitted the deductions, and the Revenue failed to produce evidence to rebut the appellant's disclosed discount policy; appeal allowed and orders quashed.
The CESTAT allowed the appeal and set aside the impugned orders, holding that cash discounts granted by the appellant on advance payments constituted admissible deductions from transaction value. The Tribunal found the discounts were disclosed, uniformly available to purchasers who paid advances or within stipulated post-delivery periods, and not evidence that advances influenced the price beyond prescribed discounts; accordingly Rule 6 invocation and application of the extended period of limitation were unjustified. The Commissioner (Appeals) decision for the relevant period was affirmed to the extent it permitted the deductions, and the Revenue failed to produce evidence to rebut the appellant's disclosed discount policy; appeal allowed and orders quashed.
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