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december 1986

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.

ASSISTANT COLLECTOR OFCENTRAL EXCISE & OTHERS ETC. vs MADRAS RUBBER FACTORY LTD. · Niyam