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Indian Oil Corporation Ltd. Versus CCE, Delhi-I

2016 (6) TMI 1094 - CESTAT NEW DELHI

Valuation - Includibility of entry tax in the assessable value of goods cleared from the bonded warehouse - Held that:- . We find that the learned Commissioner (Appeals) did not appreciate the facts of the case in correct legal perspective. The entry .....

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at the time of sale. We find that the value under section 4 does not include the amount of the duty of excise, sales tax and other taxes, if any, payable on such goods. Hon’ble Supreme Court in Bombay Tyre International,(1983 (11) TMI 70 - SUPREME C .....

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Final Order No.53668/2015 - Dated:- 26-11-2015 - SMT.SULEKHA BEEVI C.S., MEMBER (JUDICIAL) AND MR.B.RAVICHANDRAN, MEMBER (TECHNICAL) For the Appellant: Shri L.P.Asthana, Advocate For the Respondent: Shri S.Nunthuk, JCDR ORDER Per: B.Ravichandran Thes .....

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ving central excise registration for bonded warehouse at Salawas, Rajasthan. They were receiving petroleum products under bond from outside the State of Rajasthan. There was an entry tax of 1%. When the appellants cleared goods from warehouse they pa .....

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order confirming demand of differential duty and imposing penalty. On appeal the order was confirmed. On further appeal the appellant is before us. 3. Learned Counsel for the appellant Shri L.P.Asthana submitted the entry tax is collected by the appe .....

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ale price of goods. As such, the learned Counsel pleaded that the said tax is deductible in terms of Section 4(1) of the Central Excise Act, 1944. 4. Learned AR Shri S.Nunthuk reiterated the findings in the impugned order. 5. We have heard both the s .....

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ce the tax is on entry of goods the same is to be part of assessable value for clearance from warehouse later. We find that the learned Commissioner (Appeals) did not appreciate the facts of the case in correct legal perspective. The entry tax, as th .....

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