2015 (5) TMI 448

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..... ax which is retained by the assessee. This position had changed after the amendment in Section 4 w.e.f . 1.7.2000 and in arriving 'transaction value' said sales tax benefit which was retained by the assessee, would be included while fixing the 'transaction value'. - Thus, insofar as the period up to 1.7.2000 is concerned, case has to be decided in favour of the assessee and for the period from 1.7 .....

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..... benefits in the sense that the sales tax was paid at concessional rates under the sales tax incentive scheme which was floated by the State of Rajasthan. The question arose as to whether the benefit of sales tax which was availed by the respondent would be included while fixing the value of the product for the purpose of payment of excise duty. This issue squarely stands covered by the judgment of .....

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..... 2000 is concerned, case has to be decided in favour of the assessee and for the period from 1.7.2000 the benefit availed under the sales tax has to be included while arriving at the transaction value. The appeals are disposed of in the aforesaid manner with direction to the assessing authority to compute the transaction value in the manner above. In the aforesaid facts and also going by the .....

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