TMI Blog2014 (4) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... s, 'sale price' of the goods by importer, inside the local area, cannot be identified as "value of goods" under Act, 2007 - The price on which the goods are sold by assessee to its ultimate consumers inside local area cannot be taken as "value of goods" for the purpose of taxability under Act, 2007 – Judgment of Tribunal modified to the extent and the matter is remanded to Tribunal - Matter remanded back to Tribunal - Decided partly in favour of assessee. - Sales/Trade Tax Revision No. - 782 of 2002 - - - Dated:- 26-3-2014 - Hon'ble Sudhir Agarwal,JJ. For the Applicant : Piyush Agrawal, Bharat Ji Agrawal For the Respondent : C. S. C. ORDER 1. Heard Sri Bharat Ji Agrawal, learned Senior Advocate assisted by Sri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall be included in the purchase price merely because the head office has charged the said amount to Mathura Refinery Unit even though it was only for the purpose of cost allocation of the unit and for the purpose of accounting? 6. Whether in view of the definition of the word value of goods as given in Section 2(e), crude oil having been purchased by the application from foreign seller and after its import from Wadinar Port through a specified pipe line, hence neither the port charges nor the freight which was separately paid nor insurance which was separately paid to the concerned authorities, can be legally included for the purpose of value of the goods as defined in Section 2(e) of the Act much less the custom duty which was paid t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he local area where it has to be consumed, used or sold, would not be a part of value of goods for the purpose of tax liability under Act, 2007, but it shall confine upto the stage where the goods are brought inside the local area. In other words, 'sale price' of the goods by importer, inside the local area, cannot be identified as value of goods under Act, 2007. The price on which the goods are sold by revisionist-assessee to its ultimate consumers inside local area, therefore, cannot be taken as value of goods for the purpose of taxability under Act, 2007. 6. In view thereof questions no. 5 and 6 are answered accordingly and the judgment of Tribunal is modified to the above extent and the matter is remanded to Tribunal t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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