Supreme Court of India · 1986-12-20
ASSISTANT COLLECTOR OFCENTRAL EXCISE & OTHERS ETC. vs MADRAS RUBBER FACTORY LTD.
- Citation / case number
- SC 1979/62724
- Court
- Supreme Court of India
- Petitioner
- ASSISTANT COLLECTOR OFCENTRAL EXCISE & OTHERS ETC.
- Respondent
- MADRAS RUBBER FACTORY LTD.
- Author
- P.N. () BHAGWATI
- Bench
- P.N. (CJ) BHAGWATI
Judgment text excerpt
The Supreme Court held that the respondent company is not entitled to deduct the TAC/Warranty discount for determining the assessable value of tyres under Section 4(4)(d)(ii) of the Central Excise and Salt Act, 1944, as it does not qualify as a trade discount known prior to the removal of goods. The Court affirmed that while prompt payment discounts are permissible deductions, year-ending discounts do not meet the necessary criteria. The ruling clarified the nature of discounts and their timing in relation to the sale of goods.