1986 (11) TMI 181

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....2-1980 and 26-11-1982 (in the paper book, however, we find only nine price-lists enclosed. Price-list No. 5/81 does not appear to have been included in the paper book); (b)  out of the nine price-lists produced before us in the paper-book, it would appear that all except Price-list No. 1/82 were in part-IV, i.e., in relation to excisable goods for sale to or through related persons - Section 4(1)(a) proviso III. Price-list No. 1/82 was, however, for excisable goods for sale by the assessee to buyers (not being related persons) in the course of wholesale trade in part-I. In all the price-lists filed in part-IV, however, description of the related persons was furnished to be "depots managed by company's staff"; (c)  some of th....

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....included "Trade Scheme", which is none other than a quantity discount; (h)  in finalizing the approval already accorded provisionally to Price-lists Nos. 5/80, 6/80 and 7/80 as aforesaid as well as the remaining price-lists, the Assistant Collector by his order, dated 22-10-1983, refused to exclude, amongst others, trade discount [on the ground that although "informed of the judgment of the Hon'ble Supreme Court vide show cause notice, dated 16-7-1983 and in their reply dated, 26-7-1983, they also had not raised any objection regarding inclusion of PME"] and average freight (quantified later, before adjudication) on the ground that it was inflated; (i)  an appeal, directed against the exclusion of average freight only, was a....

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....g its actual quantum on the evidence that may be adduced in support of it. Reliance was placed on the judgments of the Hon'ble High Courts of Andhra Pradesh in 116 I.T.R. 778 (Commissioner of Income-tax v. Gangappa Cables) and Madras in 144 I.T.R. 573 (Commissioner of Income-tax v. Sri Rajagopal Transports Pvt. Ltd.). 4. It would appear to us on the perusal of papers and the submissions made that - (a) it cannot be said that the appellant had failed to claim exclusion of trade discount in all the aforesaid price lists. There was a specific claim for exclusion of trade discount in price list No. 7/80. Likewise, in regard to price-lists Nos. 3/81, 4/81 and 5/81, discount was said to have been included in the post-manufacturing expenses ....