Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 11]

Customs, Excise and Gold Tribunal - Delhi

Antifriction Bearings Corporation ... vs C.C.E. on 6 February, 1997

Equivalent citations: 1997(92)ELT206(TRI-DEL)

ORDER

U.L. Bhat, J. (President)

1. Appellant is absent in spite of notice, but has sent a request for transfer of the appeal to the Bench at Bombay. At this stage, we do not find it possible to transfer the appeal. We have heard Shri T. R. Malik, SDR and perused the papers.

2. By the impugned order, the Collector of Central Excise, Pune disallowed deduction of what is called "prompt payment cash discount" of 3%. It was disallowed on the ground that this discount had been given to all buyers irrespective of prompt or delayed payment. If that be so, its real nature is that of trade discount given to all dealers and as such, deduction would be allowed.

3.We, therefore, set aside the impugned order and allow the appeal.