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TMI Blog2018 (3) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... f inter-state trade in a full accounting year, the benefit of the notification is allowed to the appellant only during the assessment. In the present case, the appellant has claimed that they have paid the CST without the partial exemption at the time of clearance of the goods. But during the assessment of the VAT returns, such VAT paid is taken into account and if the appellant is eligible, the same is adjusted when partial exemption is allowed to the appellant in terms of the VAT Notification dated 06.05.1986. The net result of the assessment for CST is that the CST actually paid is at the partially exempted rate. The benefit of deduction from transaction value will be restricted to the actual CST paid i.e. at the partially exempte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notification. Consequently, both the authorities below included the amount of such rebate during the disputed period and demanded differential Central Excise duty alongwith interest and penalties. Aggrieved by the impugned order, the present appeal has been filed. 2. With the above background, we heard Sh. Amit Jain, ld. Counsel for the appellant as well as Sh. M. R. Sharma, ld. AR for the Revenue. 3. The arguments raised by Sh. Amit Jain, ld. Counsel is summarised below: i) He explained that the Notification No. F.4(72)FD/Gr.IV/81-18 dated 06.05.1986 issued by the Government of Rajasthan is in the nature of rebate/ remission and hence such amount of CST/VST is not liable to be included in the assessable value of the goods. ii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 86 of the Government of Rajasthan has allowed partial exemption from the tax payable in respect of the goods in the course of the inter-state trade subject to the condition attached to the Notification. Since the eligibility can be determined only after knowing the total quantum of goods sold within the State as well as in the course of inter-state trade in a full accounting year, the benefit of the notification is allowed to the appellant only during the assessment. 7. The definition of transaction value under Section 4(3)(d) of the Act reads as follows: Transaction Value means the price actually paid or payable for the goods, when sold, and includes in addition to the amount charged as price, any amount that the buyer is liable t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lue in the case of CCE, Jaipur vs. Super Synotex (India) Ltd., -2014 (301) ELT 273 (SC). The Apex Court in the above case examined the position of valuation in Central Excise law for the period upto 01.07.2000 (when Section 4 was amended to introduce the concept of transaction value) as well as for the subsequent period after the amendment to Section 4 of the Central Excise Act. The Apex Court observed that after 01.07.2000 the deduction for VAT will be allowable from the transaction value only to the extent of VAT actually paid. It has further been observed that unless the sales tax is actually paid to the Sales Tax Department no benefit towards excise duty can be given under the concept of transaction value. In the present case, the app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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