2016 (7) TMI 470

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....visional assessment was finalized by the assistant Commissioner by denying the deduction of turnover discounts on the ground that the discount is not offered at the depots and therefore, the respondents cannot deduct the same at the time of clearance from the factory to the depots. It was also rejected on the ground that the respondents  failed to supplied the true and correct figures of TOD passed on to their buyers in respect of clearances effected from their factory. The Commissioner (Appeals) set aside the order. While setting aside the order, the Commissioner (Appeals) has specifically observed as follows : - I found that in the instant case, the appellant were issuing marketing circulars to their stockiests and sub-stock....

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....wn case as reported in 2011 (263) 477 (Tri.-Del) 4.  We have considered the rival contentions. The issue of admissibility of turnover discount has been settled by the Tribunal in the respondents own case reported in 2011 (263) ELT 477 wherein it has been observed as follows : 3.1 ................ The only contention of the department is that since the turnover discount is not given at the time of sale and is quantified much later its deduction is not permissible. This plea, in our view, is not correct, in view of the clear judgment of Hon'ble Supreme Court on this issue in the case of Union of India v. Madras Rubber Factory Ltd. (supra), wherein Hon'ble Supreme Court with regard to turnover discount held in clear terms that....