1999 (9) TMI 399

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..... is appeal arises from Order-in-Appeal No. 125/99-C.E., dated 2-2-1999 holding that the appellants are not entitled to benefit of deduction of the amount of Turnover Tax paid by them in terms of Section 18(3) of Karnataka Sales Tax Act, 1957. 2. Ld. Advocate submits that the issue is no longer res integra and the matter has been examined by the Tribunal in the case of Netravathi Tex Processors (P .....

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..... in the case of Bata India Ltd. as reported in 1996 (84) E.L.T. 164 which is required to be considered in the present case. 4. Countering the arguments, ld. Advocate submits that Bata India s case is clearly distinguishable as in that case, the element of excise duty was claimed to be added in the assessable value while the Supreme Court analyses held that when duty had not been paid by the manuf .....

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..... or at a future date was deductible for arriving at the assessable value. He also relies on the judgment rendered in the case of Geep Industrial Syndicate Ltd. v. C.C.E. as reported in 1998 (104) E.L.T. 375 (T) wherein the same issue was dealt and held that the TOT and Octroi is required to be deducted from the assessable value. Likewise, he relies on the judgment rendered in the case of Hindustan .....

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