2004 (11) TMI 491

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.... Shri Hitesh Shah, SDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. - This is an application filed by M/s. Sarda Papers Ltd. for waiver of pre-deposit of Central Excise duty of Rs. 9,88,358/- and equal amount of penalty.  2.Shri S.S. Gupta, ld. CA, submitted that the duty has been demanded and penalty has been imposed on the ground that the cash discount has not be....

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....scount will be deductible only when it is given to the customers.  4.We have considered the submissions of both the sides. The Supreme Court in the case of M/s. Anant Raj Industries Ltd. was considering quantity discount and not the cash discount, which is involved in the present matter. This is also apparent from the judgment of the Supreme Court itself wherein it is mentioned that the ca....