2008 (5) TMI 250

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....e responent. The products were cleared on payment of excise duty including the quantity which was to be given free to the customers, distributors etc. or without excluding the trade discount which was to be allowed as per the scheme circulated in advance. Subsequently, they filed several refund claims for the duty paid on the free units and discount as quantity discount. The refund claims were rejected on the ground that no declarations were filed under Rule 173C. This Tribunal remanded the matter back to the authorities below holding that the discounts are admissible and requiring the lower authorities to examine the issue of correlation of the excise duty invoices of clearance of goods from the factory depot invoices and the adjudicating ....

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....t of his contention that trade discount, quantity discount are admissible: (a) Sarabhai Chemicals - 2004 (168) E.L.T. 70 (Tri-Mumbai) (b) German Remedies Ltd. - 2005 (186) E.L.T. 328 (Tri-Del.) (c) Pharma Products Pvt. Ltd. - 2004-TIOL-952 CESTAT-MAD. 6. He also cited several decisions of this Tribunal wherein it was held that even if composite invoice at the depot does not show duty element separately refund is still admissible. 7. We have considered the submissions made by both the sides. We find that the Revenue has not proved that free unit as per the scheme/trade discount. Once the quantity discount/trade discount is known and passed on, deduction is admissible. Unless this is established no case is made out for setting ....