2008 (3) TMI 218 - AT - Central Excise

Deductibility of Central Sales Tax from the assessable value - collecting the Central Sales Tax from the buyers and not paying the same held that for excise duty purposes, impugned CST should be added in assessable value of goods further department is justified in invoking longer period of limitation as the appellants did not intimate the fact of collecting the extra amounts towards the sales tax from their buyers either through RT-12 returns or by any other documents - appeal is rejected

Summary

Issues:
Inclusion of Central Sales Tax in assessable value for excise duty purposes.

Analysis:
The case involved the appellants, who manufactured rolls for rolling mills and were exempted from paying sales tax for a specific period. However, they collected sales tax amounts, including Central Sales Tax (CST), without including them in the assessable value for calculating Central Excise Duty. The Department demanded duty invoking the extended period of limitation due to the appellants not disclosing the collection of extra sales tax amounts. The lower authorities allowed deduction from West Bengal Sales Tax but denied it for CST, citing a Board Circular. The appellants contended that they were entitled to deduction for CST based on various decisions.

The Tribunal noted that one of the decisions cited by the appellants was a Single Member Bench Order that should have been dealt with by a Division Bench due to the valuation issue. The Department argued that the Board's Order did not permit deduction of CST if not actually paid or payable. They referenced a Supreme Court decision regarding the deduction of Turnover Tax, emphasizing the actual value of duty payable. The Tribunal agreed with the Supreme Court's principle, stating that unless taxes are actually paid, deduction cannot be allowed. They found that the previous Tribunal decisions did not specifically address CST deduction, and the Board's Order was not in line with the Supreme Court's decision.

Regarding the extended period, the Tribunal applied the Supreme Court's ruling that the extended period cannot be invoked if the assessee informs the Department. Since the appellants did not disclose collecting CST, they could not claim limitation. Ultimately, the Tribunal upheld the lower authorities' orders, rejecting the appeal on the grounds discussed.

In conclusion, the Tribunal ruled that unless taxes, including CST, are actually paid, they cannot be deducted from the assessable value for excise duty purposes. The decision aligned with the Supreme Court's interpretation of the law, emphasizing the actual value of duty payable. The appellants' reliance on previous Tribunal decisions and the Board's Order was deemed invalid. The Tribunal also considered the disclosure requirement for invoking the extended period of limitation, maintaining the lower authorities' decisions.