9911796707
TMI Blog2015 (8) TMI 1319X X X X Extracts X X X X X X X X Extracts X X X X ..... of sales tax concession retained by the respondent in the assessable value of goods sold in terms of section 4(3)(d) of Central Excise Act 1944 - Held that:- the issue has been settled by the Hon’ble Apex Court in the Case of Maruti Suzuki India Ltd. Vs. CCE Delhi [2014 (9) TMI 229 - SUPREME COURT] and Super Synotex (India) Ltd. Vs. CCE Jaipur [2014 (3) TMI 42 - SUPREME COURT] wherein Hon’ble Apex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. CCE Delhi [2012 (3) TMI 349 - CESTAT NEW DELHI]. As there were view taken by the CBEC Circular and this Tribunal in favour of the respondent which has been negated by the Hon’ble Apex Court in the decision cited before us. Therefore, the extended period of limitation is not invokable. Consequently, demand pertaining to the extended period of limitation which is sought to be demanded from the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eard the parties. Considered the submission. 4. The issue has been settled by the Hon'ble Apex Court in the Case of Maruti Suzuki India Ltd. Vs. CCE Delhi-2014 (307) ELT 625 (SC) and Super Synotex (India) Ltd. Vs. CCE Jaipur-2014 (301) ELT 273 (SC) wherein Hon'ble Apex Court has held that amount of sales tax concession retained by the respondent is required to be added in the assessable value. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umstances, 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. With these observations, the appeals are disposed of by way of remand with the direction to the adjudicating authority to quan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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