9911796707
TMI Blog2013 (12) TMI 513X X X X Extracts X X X X X X X X Extracts X X X X ..... ned order wherein demand has confirmed on account of extra consideration received by the appellant and not included in the transaction value of the goods. 2. The brief facts of the case are that the appellant are manufacturers of conveyor parts and material handling system. During the course of investigation it was found that the appellant had received an amount of Rs. 80,65,031/- as discount of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es tax actually paid to the sales tax department under the scheme was additional consideration to the appellant and was dutiable as per Rule 6 of the Central Excised (Valuation) Rules, 2000 read with Section 4 of the Central Excise Act, 1944. 3. The show-cause notice was issued for proposing the demand of duty on the extra consideration received by the appellant and not included in the transactio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntral Excise law. November 2002 amendment neither altered rate of sales tax payable nor provided any exemption thereof, and it did not reduce deferred sales tax liability, assessee who had cleared goods from 1992-1993 onwards could not have anticipated that ten years later government will introduce law providing for discharge of duty liability on NPV basis. Such changes in sales tax liability cann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Act, 1961 has no direct application. Therefore, it was held that it is permissible to be deducted in respect o of sales tax whether it was paid immediately or deferred basis whether incentives were provided by the state government towards sales tax in any manner. Therefore, the appellant is not liable to pay on the discount received for deferred payment of sales tax from the state of Maharasht ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
