https://www.taxtmi.com/caselaws?id=206619 Prompt payment discount agreed with dealers and passed through credit notes was held excludible from assessable value because the discount formed part of the dealer arrangement and was known at or before clearance, even if quantified later on receipt of payment. The requirement of prior intimation or provisional assessment was treated as directory, so non-compliance alone did not defeat refund where the discount nature was established. Authorities dealing with post-clearance price reduction were distinguished as involving a different factual setting. Refund of duty relatable to the discount was therefore maintainable, subject to the test of unjust enrichment. en-us Thu, 03 Feb 2011 00:00:00 +0530 Wed, 19 Oct 2011 17:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=206619 Prompt payment discount agreed with dealers and passed through credit notes was held excludible from assessable value because the discount formed part of the dealer arrangement and was known at or before clearance, even if quantified later on receipt of payment. The requirement of prior intimation or provisional assessment was treated as directory, so non-compliance alone did not defeat refund where the discount nature was established. Authorities dealing with post-clearance price reduction were distinguished as involving a different factual setting. Refund of duty relatable to the discount was therefore maintainable, subject to the test of unjust enrichment. Case-Laws Central Excise Thu, 03 Feb 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=206619