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2015 (5) TMI 448 - SC - Central ExciseValuation - inclusion of sales tax amount - sales tax was paid at concessional rates under the sales tax incentive scheme - Held that:- Assessee would be entitled to claim deductions towards sales tax from the assessable value of the sales tax which is retained by the assessee. This position had changed after the amendment in Section 4 w.e.f . 1.7.2000 and in arriving 'transaction value' said sales tax benefit which was retained by the assessee, would be included while fixing the 'transaction value'. - Thus, insofar as the period up to 1.7.2000 is concerned, case has to be decided in favour of the assessee and for the period from 1.7.2000 the benefit availed under the sales tax has to be included while arriving at the transaction value. - Decided aagainst Revenue.
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