2018 (8) TMI 1082

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....nt: Sh. S.J. Vyas (advocate) For Respondent: Sh. G. Jha (AR) ORDER Per: Mr. Ramesh Nair The brief facts of the case are that the appellant is supplying their manufactured goods on FOR Basis. In the sale invoice, they are showing discount and on the value excluding the discount, duty was paid. The other issue is that the appellant have availed the Cenvat credit on video control cabinet ....

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....Central Excise Act, 1944. He further submits that even if it is considered as freight in case of FOR sale, the deduction of freight is permissible as held by the Hon'ble Supreme Court in the case of Ispat Industries Ltd. 2015 (324) ELT 670 (SC). Regarding the issue of Modvat Credit on capital goods he submits that though the goods i.e. video control cabinet falling under 8471.99 is excluded from s....

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....in question does not fall under the capital goods hence credit is rightly denied. 4. We have carefully considered the submissions made by both the sides and perused the records. As regards the issue of deduction of discount on the sale value to arrive at the assessable value, we find that the appellant have admittedly shown the amount of discount in the sale invoice and the same has been passed....