Case Law Details
Mahanagar Gas Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai)
The case of Mahanagar Gas Ltd. vs. Commissioner of Central Excise, as adjudicated by the CESTAT Mumbai, revolves around the admissibility of trade discounts in the determination of the assessable value for the sale of Compressed Natural Gas (CNG). The dispute arises from the interpretation of the trade discount offered by Mahanagar Gas Ltd. (the appellants) to Brihanmumbai Electric Supply and Transport (BEST), a bulk buyer, in their CNG sale transactions.
Mahanagar Gas Ltd. entered into a contract with BEST for the supply and sale of CNG through compressors/dispensers installed by the appellants at BEST’s premises. BEST provided space and civil structures within their premises for establishing the outlets. As per the agreement, a trade discount at different rates per kilogram was offered on the sale of CNG to BEST, with the selling rate of CNG fixed for BEST being lesser than the rate for other buyers.
The Department interpreted this arrangement as Mahanagar Gas Ltd. receiving additional consideration under the guise of a trade discount. They argued that since BEST provided certain civil structures free of cost, the value of this additional consideration should be included in the assessable value for the purpose of central excise duty calculation.
Upon this interpretation, show cause proceedings were initiated, resulting in a duty demand on Mahanagar Gas Ltd. The original order confirming the duty demand was upheld by the Commissioner (Appeals), leading the appellants to appeal to the CESTAT Mumbai.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
