Deduction of Discount from transaction value – CESTAT allows provisional assessment

Commissioner, Central Excise Vs J.K. Tyres & Industries (CESTAT Delhi) Issues- Whether, on finalization of provisional assessment, the Respondent was entitled to deduction of discounts known at the time of clearance of goods from the depot but quantified later on and Whether request for provisional assessment has rightly been rejected? Held:  The respondent claims that the factum of availability of these discounts was known to the dealers before clearance of the goods but on account of the very nature of the discounts, the same cannot be quantified when the goods are sold from the depots ...