2006 (9) TMI 20

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....lenge should be set aside (insofar as it relates to quantity discount) and that issue should stand remanded to the Tribunal to be considered afresh in accordance with law, with liberty to the parties to  produce fresh evidence." 3.The period involved is 1990 to 1995. The submission of the Ld. Counsel for the appellant is that the appellant had been granting quantity discount to dealers in regard to soaps and during the relevant period also such quantity discount was prevalent and the appellant had been indicating quantity discount in their price lists filed from time to time. It is the Ld. Counsel's submission that it is well settled that all types of discounts are permissible 'deduction from sale price while fixing the assessable v....

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....ned order first: - "As regards quantity discount the same is nowhere mentioned in the invoice Though bulk discount are generally admissible in course of trade but they have to be mentioned in the invoice itself In the instant case no such quantity discount has been mentioned by the appellant in the invoice. Admittedly appellants are giving such credit notes to their buyers at much later period after ascertaining total quantity of the goods purchased by them from the appellants. Obviously, this sort of discount given to their buyers will not be covered by Bulk discount and is not admissible. 6. It is to be noted that discount was disallowed not on the ground that it was not being given or that it was not known to the trade. It was for the....