TMI Blog2017 (10) TMI 838X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the assessable value. For verifying these aspects, the matter requires to be remanded to the adjudicating authority - appeal allowed by way of remand. - E/665/2006 - 41637/2017 - Dated:- 23-6-2017 - Ms. Sulekha Beevi C.S., Member (Judicial) And Shri V. Padmanabhan, Member (Technical) Shri K.S. Jain, Auth. Rep. for the Appellant Shri K.P. Muralidharan, AC (AR) for the Respondent ORDER Per: Bench The brief facts are that appellants are engaged in the manufacture of Diesel Generating Sets. On verification of the appellants records namely General Ledger, Debit notes, it was noticed that appellants had collected certain amounts in addition to the amount charged from the buyers and it was also reflected in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion issued by Government of Pondicherry required to be amended or to be superseded by issue of fresh notification. The Government of Pondicherry did not do so. In such situation, the appellant had opted to collect 10% Central sales tax as interest free deposit from Customer who did not produce C Form, at the time of clearance of goods. When C Form is produced before the sales tax assessment of appellant, the amount collected is refunded to customer. In case the respective buyer does not produce C Form, then appellant would deposit the amount with sales tax authorities the amount so collected was reflected in their balance sheet under the heading 'Current Liabilities and Provision - deposit'. The appellant had not collected any amou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... includable in the assessable value. He relied upon various judgments Commissioner of Central Excise Vs. Super Synotex (India) Ltd - 2014 (301) E.L.T. 273 (S.C.). 5. Heard both sides and perused records carefully. 6. The learned CEO appearing for appellant has explained the background on which the appellant had started collecting 10% Central sales tax. The notice as well as assessment order by CTO produced before us clearly shows that the appellant has disclosed the collection of amount in the sales tax return. The assessment order also observes that appellant was given time to produce C Form. This being so, the contentions raised by appellant are not without substance. If the said amount is assessed by sales tax authorities, then ..... X X X X Extracts X X X X X X X X Extracts X X X X
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