2017 (12) TMI 1089

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....the respondent ORDER Per: Ramesh Nair The fact of the case is that the appellants are clearing the goods to their customer Tata Motors Ltd. on the price as agreed and confirmed as per purchase order/ contract. The appellant were selling their goods to Tata Motors Ltd. as agreed in the purchase order and Tata Motors Ltd. were releasing the payment directly to the appellant after 89 days. H....

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.... be included in the assessable value. 2. None appeared for the appellant. 3. Shri M.R. Melvin, Ld. Supdt. (AR) appearing on behalf of the revenue reiterates the finding of the impugned order. 4. We have carefully considered the submission made by ld. AR and perused the records. 5. We find that the appellant have extended 1.9% discount from the price negotiated for Tata Motors Ltd. This....

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....pellant cannot be part and parcel of the assessable value and the deduction on that account is admissible under Section 4(1)(a). This issue has been considered in various judgments. In the case of Agzar Paints (P) Ltd. - 2001 (137) ELT 611, the Tribunal has passed the following order:- "2. Revenue contends in this appeal that the impugned order is not correct and that AC was right in not granti....

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....rs irrespective of prompt or delayed payment, is in the nature of trade discount given to all dealers, hence deductible from assessable value (1997 (92) E.L.T. 206 (T). (2) In the case of Pedder & Pedder Tiles Ltd. v. CCE, Pune, the West Zone Bench, Mumbai has held that cash discount admissible in every case whether passed on to customer or not [2000 (120) E.L.T. 751 (T)]. (3) In....