COMMISSIONER OF CENTRAL EXCISE, JALANDHAR Vs. BIRLA VXL

JUDGEMENT

(1.) BEING aggrieved with the order passed by Commissioner (Appeals), passed in de novo proceedings, Revenue has filed the present appeal. Nobody appeared for the respondent. Accordingly we have heard Ms. Sweta Bector, ld. SDR appearing for the Revenue. Vide its Final Order No. 1143 -1156/2004 -NB -A, dated 6 -10 -2004 the Tribunal held that the assessee is entitled to deductions on account of turnover discount and interest on receivables. However, by observing that the lower authorities have taken the sale value as the assessable value on account of which the computation of duty has gone wrong, the matter was remanded to Commissioner (Appeals) to examine the quantification of the assessable value and the resultant confirmation of duty afresh.

(2.) IN remand proceedings, Commissioner (Appeals) observed that inasmuch as the deductions were claimed by the assessee on three counts i.e. turnover discount, interest on receivables and commission on sales and inasmuch as the deduction on account of commission on sales stand rejected by the Tribunal, the assessable value has to be arrived at by including the commission element into the same. Accordingly, he arrived at the assessable value, after allowing the deductions on account of his two issues i.e. turnover discount and interest on receivables.

(3.) WE find that interest on receivable already stands accepted by the Tribunal as an admissible deduction. The Revenue's contention that such interest was not actually reimbursed to the customer cannot be appreciated inasmuch as there is no question of reimbursement of interest to the customer. In any case, Tribunal having allowed the said deduction and the Revenue having not challenged the earlier order of the Tribunal before higher authority is debarred from taking the said ground now.