2005 (8) TMI 267

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..... les tax from its buyers upon sale of his produce. The said amounts collected as sales tax were not included in the assessable value while assessing the goods to Central Excise duty, on the ground that taxes "payable" remained excluded under proviso to Section 4(4)(d)(2). Under the impugned orders that claim of the appellant remains denied. It has been held that since the amounts collected as sales .....

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..... the goods to sales tax is not being doubted. The amounts have been collected as sale tax. So, clearly sales tax was payable. State laws allow sales tax collected to be retained by manufacturer. This is an incentive, to set up/expand industry in the State concerned. That does not change the character of the amounts collected. They remain as sales tax 'payable'. And a tax 'payable' is eligible for d .....

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