2026 (8) TMI 1304

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....re from August 2011 to March 2012, April 2013 to November 2014, April 2012 to November 2012, December 2014 to March 2015, December 2012 to March 2013 and April 2011 to March 2012 and the total amount involved in these cases is Rs.1,38,07,264/-. 3. The issue involved in the case is denial of refund of excess excise duty paid by the appellant on account of inclusion of "cash/turnover discount" in the transaction value known prior to the clearance of the goods but quantified subsequently and passed through cum-duty credit notes. 4. The brief facts of the case are as under :- 4.1 M/s. Shyam Steel Industries Ltd. (hereinafter referred to as "the appellant") is engaged in manufacture of MS Ingots, MS Billets, TMT bars, etc. from it....

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....ere processed on expiry of four months by the appellant by way of issuance of cum duty credit notes, thereby neutralizing the duty incidence. These dealers were unregistered with the excise authorities, therefore, the question of these dealers passing the duty burden to anyone else did not arise. 4.4 In the aforesaid backdrop, the appellant filed refund claims on the basis of the credit notes issued to its buyers towards the turnover discount/cash discount agreed upon in advance. In response to such refund claims filed by the appellant, the appellant was served with show cause notices which came to be adjudicated by the adjudicating authority vide multiple Order-in-Originals. The learned adjudicating authority denied the refund cla....

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....is issue has been decided by this Tribunal holding that they are entitled for refund claim, wherein this Tribunal has observed as under:- "8. It is a case that appellant is selling the goods on payment of duty and through dealers network and it is also the fact on record that appellant offer various promotional schemes in form of turn over discount, cash discount etc to its dealers to boost the sale of goods and to increase prompt payment from dealers network. These schemes were well known in advance before clearance of goods by the appellant and appellant applied for provisional assessment in terms of Rule 7 of the Central Excise Rules 2002. But the request for the appellant for provisional assessment was denied. On appeal, this T....