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TMI Blog2018 (1) TMI 637X X X X Extracts X X X X X X X X Extracts X X X X ..... anufacturing activity - demand set aside. Demand - amount of sales tax collected but not paid to the government - Held that: - the deduction of sales tax is available only on actual basis and thus any amount collected in excess of the actual would form part of the assessable value - demand upheld. Time limitation - Held that: - from the invoices it cannot be made out if the amount collected by them is actually paid to the government exchequer. There is no such declaration in the RT-12 return as well in these circumstances invocation of extended period is justified and penalty under Rule 173Q can be imposed - quantum of penalty reduced. Appeal allowed in part. - Appeal No. E/462/08 - A/85025/2018 - Dated:- 11-1-2018 - Shri Ramesh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of said parts and accessories has not been included in the assessable value of machine. 2.2. The second issue relates to the amount of sales tax collected but not paid to the government. Ld. Counsel argued that demand has been raised on that portion of the Sales Tax it has been collected but not paid to the government treating the same as additional consideration. Reliance has been placed on the following decisions: (i) 1997 (94) ELT 13 (SC)- Baroda Electric Meters Ltd. (ii) 2006 (195) ELT 279 (T) Indica Chemicals (iii) 2005 (187) ELT 382 (T) Pepsico India Holdings (iv) 2005 (191) ELT 641 (T) Gujarat Guardian It has been argued that the Sales Tax of set-off is available if the appellant pay purchase tax at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and can be raised and the said value cannot be included in the assessable value. (i) 1997 (94) ELT 13 (SC)- Baroda Electric Meters Ltd. (ii) 2006 (195) ELT 279 (T) Indica Chemicals (iii) 2005 (187) ELT 382 (T) Pepsico India Holdings (iv) 2005 (191) ELT 641 (T) Gujarat Guardian It is seen that all the case laws relied by the appellant relates to the freight charges collected in excess of the actual. In these circumstances the said profit margin on the transportation service was held to be not includible in the assessable value. In the instant case however the deduction of sales tax is available only on actual basis and thus any amount collected in excess of the actual would form part of the assessable value. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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