Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (12) TMI 513 - CESTAT MUMBAIExtra consideration received – Amount not included in the Transaction value of goods – Held that:- Following Kinetic Engineering vs. CCE [2012 (6) TMI 168 - CESTAT, MUMBAI] - changes in sales tax liability cannot be a cause for re-determination of assessable value determined in accordance with law of Central Excise as it stood at time of removal of goods, to saddled assessee with tax liability, abatement of sales tax allowed in terms of sales tax liability at time of clearance of goods, cannot be subsequently restricted to net present value of sales tax subsequently paid in complete discharge of such liability - It is permissible to be deducted in respect of sales tax whether it was paid immediately or deferred basis whether incentives were provided by the state government towards sales tax in any manner - the appellant is not liable to pay on the discount received for deferred payment of sales tax - Decided in favour of assessee.
|