2003 (7) TMI 234

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....e ground that original payment of duty at the time of clearance of the goods from the factory was based on sales price and since those sales prices constituted the correct assessable value, no excess payment of duty has taken place. It was also held that the credit notes issued (subsequent to the sales) to the dealers who purchased the goods were issued without any valid ground since price of the goods was known at the time of removal from the factory. 2. It is the submission of the appellants that, during the relevant period, their practice was to clear the goods from the factory and despatch them to dealers by showing a uniform price fixed in a meeting of Glass Manufacturers Association from time to time. However, because of stiff comp....

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....e day as the last invoice for that particular dealer. According to the learned Counsel, this showed that the actual price for the transaction was the discounted price. Learned Counsel also pointed out that that it is settled law that assessable value should be worked out after allowing the discounts extended by the manufacturer to the dealers. In this context, he referred to the decision of this Tribunal in the case of C.C.E., Meerut v. Pashupati Acrylon Ltd. - [2000 (120) E.L.T. 768 (T)]. Learned Counsel also emphasized that lower authorities were in error in holding that prices indicated in the invoices prepared at the time of removal of the goods constituted the transaction values and subsequent issue of credit notes only showed a revisi....

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....ny amount charged for, or to make provision for, advertising or publicity, marketing and selling organization expenses, storage, outward handling, servicing, warranty, commission or any other matter; but does not include the amount of duty of excise, sales tax and other taxes, if any, actually paid or actually payable on such goods". It is the contention of the learned SDR that the expression 'when sold' clarified that the relevant price is the price at the time of sale of the goods. According to him, in the present case, the prices are amounts shown in the invoices. As against this, the learned Counsel for the appellants has submitted that the expressions 'when sold' only clarifies that transaction value is the price in a case of sale of g....