Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (11) TMI 182 - AT - Central ExciseValuation (Central Excise) - Turnover tax - whether at the time of working out valuation of the goods, under the Central Excises and Salt Act, 1944, the turnover tax can be deducted? - Held that: - the issue is no longer res integra in view of the judgments of the Hon’ble Supreme Court in the case of Commissioner Vs. Sujata Textile Mills Ltd. [2005 (3) TMI 120 - SUPREME COURT OF INDIA] where it was held that under Section 4(4)(d)(ii) of the Central Excises and Salt Act, 1944, the value is not to include the amount of duty of excise, sales tax and other taxes if any payable on goods. Under Section 18 of the Karnataka Sales Tax Act, 1957 a registered dealer has to pay a tax known as ‘turnover tax’ and by virtue of sub-section (3) of Section 18 he is not permitted to pass on that tax to the customer. The question is whether at the time of working out valuation of the goods, under the Central Excises and Salt Act, 1944, the turnover tax can be deducted. To be remembered that at this stage it will not have been actually paid. Turnover tax need not be included in valuation - appeal dismissed - decided against Appellant-Revenue.
|