9911796707
TMI Blog2017 (10) TMI 838X X X X Extracts X X X X X X X X Extracts X X X X ..... by sales tax authorities, then the same cannot be considered as additional consideration so as to be included in the assessable value. For verifying these aspects, the matter requires to be remanded to the adjudicating authority - appeal allowed by way of remand. X X X X Extracts X X X X X X X X Extracts X X X X ..... ntral sales tax Act, the notification issued by Government of Pondicherry required to be amended or to be superseded by issue of fresh notification. The Government of Pondicherry did not do so. In such situation, the appellant had opted to collect 10% Central sales tax as interest free deposit from Customer who did not produce C Form, at the time of clearance of goods. When C Form is produced before the sales tax assessment of appellant, the amount collected is refunded to customer. In case the respective buyer does not produce C Form, then appellant would deposit the amount with sales tax authorities the amount so collected was reflected in their balance sheet under the heading 'Current Liabilities and Provision - deposit'. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional consideration and is includable in the assessable value. He relied upon various judgments Commissioner of Central Excise Vs. Super Synotex (India) Ltd - 2014 (301) E.L.T. 273 (S.C.). 5. Heard both sides and perused records carefully. 6. The learned CEO appearing for appellant has explained the background on which the appellant had started collecting 10% Central sales tax. The notice as well as assessment order by CTO produced before us clearly shows that the appellant has disclosed the collection of amount in the sales tax return. The assessment order also observes that appellant was given time to produce C Form. This being so, the contentions raised by appellant are not without substance. If the said amount is assessed by sales ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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