9911796707
TMI Blog2013 (12) TMI 513X X X X Extracts X X X X X X X X Extracts X X X X ..... with law of Central Excise as it stood at time of removal of goods, to saddled assessee with tax liability, abatement of sales tax allowed in terms of sales tax liability at time of clearance of goods, cannot be subsequently restricted to net present value of sales tax subsequently paid in complete discharge of such liability - It is permissible to be deducted in respect of sales tax whether it w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vestigation it was found that the appellant had received an amount of Rs. 80,65,031/- as discount of pre-payment of deferred sales tax in the year 2009-10. During the period 2002-03 to 2005-06 the appellant has cleared excisable goods to their buyer and collected the sales tax at prescribed rate. The said amount was not paid to the sales tax department since the appellant had opted for availment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... demand of duty on the extra consideration received by the appellant and not included in the transaction value of the goods, along with interest due thereon and proposing penalty under Section 11AC of the Central Excise Act. Adjudication took place proposal in the show-cause notice was confirmed. On appeal before the Commissioner (Appeals), same view was taken. Aggrieved from the said order, appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce law providing for discharge of duty liability on NPV basis. Such changes in sales tax liability cannot be a cause for re-determination of assessable value determined in accordance with law of Central Excise as it stood at time of removal of goods, to saddled assessee with tax liability, abatement of sales tax allowed in terms of sales tax liability at time of clearance of goods, cannot be subse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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