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2023 (6) TMI 97 - AT - Central ExciseLevy of Excise Duty - discount earned for early payment of Sales Tax - additional consideration or not - HELD THAT:- The entire issue in the present case is for the period prior to 01.07.2012 from which the law in respect of valuation was amended and concept of transaction value was introduce. The decision of Hon’ble Supreme Court in the case of M/s Maruti Udyog Ltd [2014 (9) TMI 229 - SUPREME COURT] and M/s Super Syncotex (India) Ltd [2014 (3) TMI 42 - SUPREME COURT] are considering the issue after the amendments were made in the law regarding valuation. Above fact has been noted by the Hon’ble Supreme Court in the case of COMMNR. OF CENTRAL EXCISE, JAIPUR VERSUS M/S. SHREE RAJASTHAN SYNTEX LTD. & OTHERS [2015 (4) TMI 350 - SUPREME COURT] wherein Hon’ble Supreme Court has held the assessee/respondent herein will not be liable to pay any excise duty on the sales tax amount which was retained under the Incentive Scheme up to 30th June, 2000. However, this component of sales tax which was retained by the assessee after 1-7-2000 shall be includible in arriving at the transaction value and sales tax shall be paid thereon. There are no merits in the impugned order - appeal allowed.
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