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2016 (5) TMI 1382 - HC - VAT and Sales TaxValuation - sales tax - includibility - customs duty - whether the Customs Duty amount is to be included in the sales price? - Held that: - In the present case, beyond referring to what transpired before the Settlement Commission and making a sweeping observation that the petitioners/appellants had adopted a modus operandi of under invoicing, which was subsequently unearthed by the Directorate of Revenue Intelligence (DRI), that the Tribunal concludes that the quantum of customs duty which should have been part of the sale price of the goods imported and sold by the petitioners cannot be said to be inclusive of the quantum of customs duty evaded and subsequently unearthed by the DRI. We are at a loss and are left to guess as to which Section or provision of the Maharashtra Value Added Tax Act, 2002 the Tribunal had in mind. Is it the definition of the term "Sale Price" as referred by Mr. Sonpal or some other which would support the prima facie view in law, has not been explained at all. Yet, crores of rupees are determined as deposit at an interim stage. This, prima facie, is no discussion, much less even an answer to the contentions raised before the Tribunal - petition allowed - decided in favor of petitioner.
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