TaxTMI 
TaxTMI 
2009 (6) TMI 772
X X X X Extracts X X X X
X X X X Extracts X X X X
....otes. The refund claims have been rejected on the ground that appellants have relied upon circular issued by CBEC dated 13-6-2000 and the same is not applicable. 2. Shri D.K. Trivedi, ld. Advocate on behalf of the appellants submits that lower authorities rejected the claim only because the assessee had not resorted to assessment on provisional basis. He also submits that another ground taken is that assessee had not disclosed the intention to pass on the discount to the department and make a request for provisional assessment. He also submits that even though appellants had cited the Circular as a basis of their refund claim, the examination of refund claim and its eligibility should be on the basis of law. According to his submissio....
X X X X Extracts X X X X
X X X X Extracts X X X X
....is that it must be established that he discount for a given transaction has actually been passed on to the buyer of the goods. The differential discounts extended as per commercial considerations on different transactions to unrelated buyers if extended cannot be accepted for working assessable value. Where the assessee claims that the discount of any description for a transaction is not readily known but would be known only subsequently - as for example year end discount - the assessment for such transactions may be made on a provisional basis. However, the assessee has to disclose the intention of allowing such discount to the department and make a request for provisional assessment." 4. We also note that in the case of Telephone Ca....