2000 (3) TMI 1065

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..... e effecting inter-State sales of cables admittedly included excise duty in the sale bills and collected tax on the sale price including the excise duty, suffered assessment and paid the tax. Almost four years later the petitioner preferred a revision petition to the Deputy Commissioner under the then existing provisions contending that the excise duty was refunded to the buyers on account of the a .....

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..... he following facts in that case: "These bills show that after mentioning the price, the assessee added excise duty at 5 per cent ad valorem. Then towards the end of the bills, he deducted the very same amount of excise duty in view of the likely reimbursement under the Supplementary Cash Assistance Scheme. In other words, the sale bills did not include the excise duty. It was included at the top, .....

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..... does not ipso facto follow that the excise duty must be excluded from the sale consideration. The subsequent arrangement between the petitioner and the buyer, for reasons not apparent from the record, cannot be the basis to claim that the sale consideration does not include excise duty. Such refund was not contemporaneous to the sale transaction. As rightly observed by the Tribunal, the exact ci .....

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