TMI Blog2018 (1) TMI 704X X X X Extracts X X X X X X X X Extracts X X X X ..... was categorized as ‘other income’ was recovered as sales tax but not paid to the sales tax department - As per the definition of transaction value in Section 4(3)(d), such amount cannot be excluded from assessable value since it has lost the colour of tax being neither paid nor payable as tax. Hon’ble Supreme Court in the case of CCE vs. Super Synotex [2014 (3) TMI 42 - SUPREME COURT] has categ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... copper coil and other goods classifiable under Chapter sub heading 8504 of the first schedule to the Central Excise Tariff Act. It was noticed by the department that during the course of Audit of the unit that certain amounts were categorized as other income for the period 2006-2007. Upon inquiry, it was explained that such amount pertains to the tax collected as sales tax but not paid to sales ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt which is actually paid or payable in the nature of tax. It is seen from the record that as per the scheme of Sales Tax department, appellant was allowed to recover the sales tax at the time of sale of their unit and retain the same for 10 years. After completion of said period, sales tax department completed the assessment and recovered the sale tax which was due out of the amount retained by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se are distinguishable from that of M/s. Welspun Corporation Ltd. (supra) . In the case of Welspun Corporation Ltd. the sales tax which was paid by the assessee to the sales tax department was remitted back to them as incentive and the Tribunal held that such amount cannot be included in the assessable value for charging Central Excise duty. The facts of the present case are different and hence th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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