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2011 (7) TMI 860 - CESTAT, MUMBAIDemand - Eligibility certificates for new units for sales tax incentive under Sales Tax Incentive 1988 Scheme or Part-I of 1993 packages scheme as notified by the Government of Maharashtra Resolution dated 30/09/88 or 1998 Power Generation Promotion Policy - Sales Tax Deferral Scheme - Time limitation - CBDT issued a circular No.496 dated 25/09/1987 - As per the circular, if the sales tax laws contain a deeming provision to treat the payment of NPV as discharge of liability towards deferred sales tax, deduction under Section 43B will be allowed for the full amount of sales tax and NOT for the amount of NPV paid - Held that: it is very evident that the deduction towards sales tax is permissible based on the amount billed or charged from the customers in accordance with the law irrespective of the fact whether the amount is retained by the assessee or incentives are given by the State Government to the assessee in respect of the sales tax so collected - apex Court in Paper Products Ltd., Vs. CCE reported in (1999 -TMI - 45222 - SUPREME COURT OF INDIA) held that the circulars issued by the CBEC are binding on the department and the department is precluded from challenging the correctness of the circulars even on the basis that the same is inconsistent with the statutory provision - Decided against the revenue
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