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TMI Blog2015 (10) TMI 2065X X X X Extracts X X X X X X X X Extracts X X X X ..... gated by the Hon'ble Apex Court in the decision cited before us today. In these circumstances, we hold that extended period of limitation is not invokable. Consequently, demand pertaining to the extended period of limitation which is sought to be demanded from the respondent are set aside. Consequently, the penalties on the respondents are not imposable. - Matter remanded back - Decided in favour of assessee. - Appeal No. E/60423/2013-EX(DB) - - - Dated:- 19-8-2015 - Ashok Jindal, Member (J) And B Ravichandran, Member (T) For the Appellant : Shri M S Negi, DR For the Respondent : Shri Punit Agarwal, Adv ORDER Per Ashok Jindal Revenue is in appeal against the impugned order. 2. The facts of the case are that respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Tax Act 1972. During the course of audit it was observed that some amount were shown as capital receipts as sales tax subsidy from the Government of Haryana. Further, it was revealed that amount of Sales Tax has been collected from the buyers / customers and retained by the respondent as per the tax waiver scheme of the Government of Haryana. Therefore, it was alleged that the amount retained by the respondents should form part of income on account of sale of goods and required to be added in the assessable value of the goods sold by them in terms of section 4(3)(d) of Central Excise Act 1944. Therefore, the respondents are liable to pay duty on the amount of sales tax concession retained by them. The show cause notices were issued by inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etained 50% of the Sales tax collected by them from the customers with them as an additional consideration of the goods sold to the buyers. In that circumstances, the issue is squarely covered by the decision of Hon'ble Apex Court in the case of Maruti Suzuki India Ltd, cited (supra). 7. The respondents also contested the issue on limitation. We find that during the relevant period there was CBEC Circular dated 30.06.2000 which provides that any amount of concession on sales tax retained by the respondent is not required to be added in the assessable value and there are certain judicial pronouncements of this Tribunal holding the same view in the case of Kinetic Engineering Ltd. (Supra) and Life Long India Pvt. Ltd. Vs. CCE Delhi-201 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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