2015 (12) TMI 1347

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...., trade discount, free bonus, quantity discount, free replacement of breakages, freight, octroi and insurance, interest on receivables and turnover tax for arriving at assessable value. As the exact quantum of the admissible deductions could be decided only after the finalization of the accounts, appellant sought for provisional assessment. On submission of relevant information along with C.A. certificate, the lower authorities finalized the provisional assessment for the period 2001-02, 2002-03 and 2003-04. The lower authorities did not accept the contention of the appellant that the assessments wherein there was short payment of duty should be adjusted towards the duty where the appellant had paid excess duty. Provisions of Rule 9(B)(5) o....

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....to determine the value of excisable goods or determine the rate of duty applicable thereto, he may request the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, in writing giving reasons for payment of duty on provisional basis and the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, may order allowing payment of duty on provisional basis at such raw or on such value as may be specified by him. (2) The payment of duty on provisional basis may be allowed, if the assessee executes a bond in the form prescribed by notification by the Board with such surety or security in such amount as the Assistant Commissioner of Central Excis....