2002 (7) TMI 267

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....vocates, for the Appellant. Ms. K.A. Mishra, JDR, for the Respondent. [Order per : G.R. Sharma, Member (T)]. - Arguing the case for waiver of pre-deposit of duty amounting to Rs. 1,75,32,250/- in one case and Rs. 67,70,933/- in the other case and penalty of an equal amount Shri V. Lakshmikumaran, ld. Counsel submits that the applicants manufactured various types of motor vehicles and paid....

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....a well settled legal position that trade discounts are permissible as deductions under Section 4(4)(d)(ii) of the Central Excise Act, 1944. He submits that this rebate is known to the buyer prior to the removal of the goods and the same is not refunded back to the manufacturer and therefore, this amount is an admissible deduction and is entitled for abatement in terms of the above section. It was ....

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....poses the request and submits that it is not a discount as it is retained by the applicant, therefore, the amount was in the form of deposit on which the applicant was paying interest. She submitted that since the amount is not permissible deduction, therefore, the authorities below rightly included it in the assessable value for purpose of levy of duty. She, therefore, prays that the applicant ma....