TMI Blog2023 (6) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of COMMNR. OF CENTRAL EXCISE, JAIPUR VERSUS M/S. SHREE RAJASTHAN SYNTEX LTD. OTHERS [ 2015 (4) TMI 350 - SUPREME COURT ] wherein Hon ble Supreme Court has held the assessee/respondent herein will not be liable to pay any excise duty on the sales tax amount which was retained under the Incentive Scheme up to 30th June, 2000. However, this component of sales tax which was retained by the assessee after 1-7-2000 shall be includible in arriving at the transaction value and sales tax shall be paid thereon. There are no merits in the impugned order - appeal allowed. - Excise Appeal No. 85788 of 2013 - FINAL ORDER NO. A/85852/2023 - Dated:- 24-4-2023 - HON BLE MR. SANJIV SRIVASTAVA, MEMBER (TECHNICAL) And HON BLE DR. SUVEND ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me to the help of the appellant 7 The above view also finds support from the ruling in the case of Eastern Setcrete Pvt Ltd reported in 2008 (231) E.LT. 179 (Tri. Kolkata) wherein it was held that Sales Tax collected from buyers but not paid to Sales Tax Department includible in assessable value. A similar view was also expressed in the case of Auto Control (P) Ltd- 1993 (63) ELT 156 (Tribunal) wherein it was held that no deduction of Sales Tax permissible as tax not payable whether on account of exemption notification issued by State Government or otherwise. In the case of Bharat Roll Industry (Pvt) Ltd reported in 2008 (229) ELT 107, the Hon'ble Tribunal at Kolkata relying on the ruling of the Hon'ble Supreme Court in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd concept of transaction value was introduce. The decision of Hon ble Supreme Court in the case of M/s MarutiUdyog Ltd (supra) and M/s Super Syncotex (India) Ltd are considering the issue after the amendments were made in the law regarding valuation. 4. Above fact has been noted by the Hon ble Supreme Court in the case of Shree Rajasthan Syntex Ltd. [2015 (318) E.L.T. 626 (S.C.)]. Wherein Hon ble Supreme Court as in para 4 as observed as follows:- 4. We may state here that the period involved is November 1996 to July, 2001. Show cause notice in this behalf, as noted above, was issued on 26-11-2001. The valuation of the excisable goods has to be in terms of Section 4 of the Central Excise Act, 1944. The said Section was amended in th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
