2010 (1) TMI 1044 - AT - Central Excise

Summary

Issues:
1. Entitlement for abatement in respect of sales tax payable from the assessable value of goods.

Analysis:
The main issue in this case revolved around the entitlement for abatement in respect of sales tax payable from the assessable value of goods. The Revenue filed an appeal against the impugned order where the Commissioner (Appeals) allowed the respondents' claim for abatement based on various decisions of the Tribunal. The Revenue contended that since no sales tax was paid, there was no entitlement for abatement. On the other hand, the respondents argued that the sales tax was indeed payable under the West Bengal Incentive Scheme, 1999, which allowed incentives to the small-scale sector. The Tribunal's decision in the case of Pratap Rajasthan SPI Steel Ltd. was cited, where a similar incentive scheme in Rajasthan was considered valid for claiming abatement.

The Tribunal, in its analysis, observed that the liability of goods to sales tax was not in question, and the state allowed the sales tax collected to be retained by the manufacturer as an incentive. This retention did not change the nature of the amount collected, which still remained as sales tax payable and eligible for deduction. The Tribunal noted that the West Bengal incentive scheme, akin to the Rajasthan scheme, permitted manufacturers to retain the sales tax collected. Consequently, the Tribunal found no fault in the Commissioner's decision to allow the appeal and dismissed the Revenue's appeal.

In conclusion, the Tribunal upheld the entitlement for abatement in respect of sales tax payable from the assessable value of goods under the West Bengal Incentive Scheme, 1999, in line with previous decisions and the principles established in similar cases. The judgment emphasized the importance of recognizing the nature of amounts collected as sales tax payable, even when retained by manufacturers as incentives, for the purpose of deduction from the assessable value of goods.