TMI Blog2024 (2) TMI 499X X X X Extracts X X X X X X X X Extracts X X X X ..... at Assessees who intend to deduct equalized sales taxes, octroi etc. from the cum duty price may be permitted to do so on the condition that such deductions are substantiated, from time to time, on the basis of information available in records regarding the actual amounts paid as taxes, octroi, etc. As long as the assessable values claimed are correct and are not manipulated in order to avoid duty, it is felt that the assessing authorities may allow deductions on account of sales tax, octroi etc. The Hon ble Apex Court in the case of Grasim Industries Ltd. [ 2018 (5) TMI 915 - SUPREME COURT] has validated the above circular even in the new valuation regime and observed the measure of the levy contemplated in Section 4 of the Act will ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terms of Rule 173C of erstwhile Central Excise Rules, 1944; Department disputed the claim of deduction on equalized basis and issued series of show-cause notices; show-cause notices were issued covering the periods 01.10.2009 to 28.02.2010; 01.03.2010 to 30.09.2010; 01.10.2010 to 31.03.2011 and 01.04.2011 to 30.09.2011; A common order-in-original confirming the proposals was issued and the same were upheld vide the impugned OIAs. Hence, these appeals. 2. Shri Vikash Agarwal, learned Counsel for the appellant, assisted by Shri Manish Sachdeva, Chartered Accountant, submits that the issue is no longer res integra having been decided in favour of the appellants in their own case by CESTAT Chandigarh vide Final Order No.61539-61541/2017 date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tc. As long as the assessable values claimed are correct and are not manipulated in order to avoid duty, it is felt that the assessing authorities may allow deductions on account of sales tax, octroi etc. 5. We find that the Hon ble Apex Court in the case of Grasim Industries Ltd. 2018 (360) ELT 769 (SC) has validated the above circular even in the new valuation regime and observed as follows: 23. Accordingly, we answer the reference by holding that the measure of the levy contemplated in Section 4 of the Act will not be controlled by the nature of the levy. So long a reasonable nexus is discernible between the measure and the nature of the levy both Section 3 and 4 would operate in their respective fields as indicated above. The v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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