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2012 (11) TMI 296 - AT - Central ExciseDeduction of sales tax from the assessable value - alleged that they are contesting element of sales tax before Sales Tax Authority, and therefore, the demand for differential duty was confirmed – Held that:- Explanation to Section 4(4)(d)(ii) only refers to the amount of duty of excise payable on excisable goods - test to be applied is that of the "actual value of the duty payable" and, therefore, there is no merit in the argument advanced on behalf of the Assessee that the Explanation is restricted to the duty of excise. This principle can therefore, apply also to actual value of any other tax including TOT payable. Even without the explanation, the scheme of Section 4(4)(d)(ii) shows that in computing the assessable value, one has to go by the actual value of the duty payable, and therefore, only the reduced duty was deductible from the value of the goods - Appellants could not produce any evidence that their liability was at any stage converted into tax liability so far as the sales tax is concerned - appeal dismissed
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