2005 (3) TMI 120 - SC - Central Excise

Valuation (Central Excise) - Turnover tax - whether at the time of working out valuation of the goods under the Central Excises and Salt Act 1944 the turnover tax can be deducted - Held that - Under Section 4(4)(d)(ii) of the Central Excises and Salt Act 1944 the value is not to include the amount of duty of excise sales tax and other taxes if any payable on goods. Under Section 18 of the Karnataka Sales Tax Act 1957 a registered dealer has to pay a tax known as turnover tax and by virtue of sub-section (3) of Section 18 he is not permitted to pass on that tax to the customer - so long as the tax is payable it can be deducted - Decided against Revenue.

Summary

Issues:
1. Valuation of goods under the Central Excises and Salt Act, 1944 concerning the deduction of turnover tax.
2. Clarification on whether the Department can ask for proof of actual payment of tax.
3. Disallowance by the Department based on the absence of turnover tax in the invoice.

Analysis:

1. The Appeals in question revolve around the interpretation of Section 4(4)(d)(ii) of the Central Excises and Salt Act, 1944, in conjunction with Section 18 of the Karnataka Sales Tax Act, 1957. The key issue is whether turnover tax, which a registered dealer cannot pass on to customers, can be deducted when valuing goods under the Central Excises and Salt Act, 1944. The Tribunal held that as long as the tax is payable, it can be deducted. The reasoning was found to be sound by the Court, thereby upholding the Tribunal's decision.

2. A clarification was sought regarding whether the Department can demand proof of actual payment of the tax at a later stage. The Court confirmed that the Department has the authority to request proof of payment. If it is discovered that the tax has not been paid, the Department can revalue the goods after following the prescribed procedure. This reaffirms the Department's right to verify the actual payment status of the tax.

3. The Department attempted to disallow deductions based on the absence of turnover tax details in the invoice. The Court deemed this action as unsustainable, noting that turnover tax cannot be reflected in the invoice as it is not recoverable from customers. Therefore, the Department's disallowance on this ground was not upheld. The Appeals were disposed of with the provided clarifications, and no costs were awarded in the judgment.