TaxTMI 
TaxTMI 
1986 (11) TMI 181
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....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 the price-lists, namely, Price-lists No. 5/80, 6....
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....antity 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 allowed only in regard to it and the matter was remanded to....
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....t 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 sought to be excluded. In regard to price list No. 6/81, it was clarif....