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2019 (4) TMI 1253 - AT - Central ExciseValuation - inclusion of sales tax retained by the respondent in assessable value - Section 4 (3)(d) of the Central Excise Act, 1944 - HELD THAT:- As per Scheme of the West Bengal Incentive Scheme, 1999, the assessees subscribing to such Scheme are allowed retention of the sales tax collected by them on the goods sold without depositing the same to the Sales Tax Department - The decision of the Hon’ble Supreme Court in COMMISSIONER OF CENTRAL EXCISE, JAIPUR-II VERSUS M/S. SUPER SYNOTEX (INDIA) LTD. AND OTHERS [2014 (3) TMI 42 - SUPREME COURT] has made it clear that under such circumstances, the benefit of deduction of the sales tax amount under Section 4(4)(d) will not be available. Extended period of limitation - HELD THAT:- The Hon’ble High Courts have taken the view that since there was no clarity on the issue, untill the issue is settled by the Apex Court the assessee is not said to be at fault. Hence, extended period would not be available to raise the demand - thus, restricted for normal period - penalty also set aside. The Adjudicating authority is directed to re-quantify the demand within the normal time limit, which is required to be paid along with interest. Appeal allowed in part.
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