LAWS(CE)-2000-12-167

THIRD MEMBER ON REFERENCE : DR. S.N. BUSI, MEMBER (T) KESORAM RAYON Vs. COMMISSIONER OF CENTRAL EXCISE, CALCUTTA-II

Decided On December 07, 2000
Third Member On Reference : Dr. S.N. Busi, Member (T) Kesoram Rayon Appellant
V/S
Commissioner Of Central Excise, Calcutta -Ii Respondents

JUDGEMENT

(1.) THE issue involved in the present 2 appeals is common and as such both the appeals are being disposed of by a common Order.

(2.) THE appellants are engaged in the manufacture of Cellophane. The appellants claimed certain deductions on account of various factors for claiming the assessable value. The dispute arose between the department and the appellant, as regards these deductions and matter went up to High Court, Calcutta, who vide their Order dt. 26 -2 -1988 directed that the appellants will file before the Central Excise authorities its computation of assessable value as per the principles laid down by the Honble Supreme Court in the various judgments. Thereafter the Assistant CoIlector vide his Order dt. 9 -9 -1991 allowed some of the expenses and disallowed the remaining ones. Collector (Appeals) vide his impugned Order confirmed the Order of the Assistant Collector. The issues in the present appeals referred to the disallowed deductions on account of the following claims.

(3.) CASH discount Cash discount @ 1.5% before 1 -4 -1984 and @ 2.1% after 1 -4 -1984 has been limited by the authorities below to the extent it was actually availed by the buyers of the appellant Company. The appellant had claimed the said deduction from their assessable value on the ground that the said discount was available to all the eligible wholesale buyers who paid the price in advance or on presentation of the bills. The same was made known to the buyers before removal of the goods and was being allowed as a matter of trade practice and for receiving prompt payment from their customers.