2011 (1) TMI 229

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....eeresh Kumar, Advocate, for the Appellant. Shri Sunil Kumar, DR, for the Respondent. [Order per : Rakesh Kumar, Member (T) (Oral)].  - The facts leading to these appeals are, in brief, as under : 1.1 The appellants are manufacturer of pneumatic rubber tyres and tubes chargeable to Central Excise Duty under Chapter Heading 40 of the Central Excise Tariff. The period of dispute....

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.... discounts. It is on this basis that two show cause notices dated 26-7-99 for the period from July, 1998 to September, 1998 and the show cause notice dated 3-4-2000 for the period from October, 1998 to March, 1999 for demand of Central Excise Duty of Rs. 7,06,076/- and Rs. 5,09,534/- respectively alongwith interest on this duty were issued. In both the show cause notices, it was alleged that the a....

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....er and the Commissioner (Appeals) dismissed the appeals. The Commissioner (Appeals) in both the orders-in-appeal, which are identically worded, while upholding the Assistant Commissioner's orders, disallowing the deduction of trade discounts on the ground that the same are not reflected in the invoices, also observed that when during a day there is variation in the sale price of the goods at the d....

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....ings, emphasised that when the sale invoices had not reflected the trade discounts, deduction of such discount has been correctly disallowed. 5. We have carefully considered the submissions from both sides and perused the records. We find that the only basis on which the demand show cause notices have been issued is that the appellants while paying duty at the time of clearance of the good....