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2008 (4) TMI 290

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..... e the rate of sales tax payable/chargeable on the finished goods, the set-off is not to be taken into account for calculating the amount of sales tax permissible as abatement for arriving at the assessable value - demand is not sustainable - E/2525/2007 - 505/2008-EX(PB), - Dated:- 11-4-2008 - S/Shri S.S. Kang, Vice President and Rakesh Kumar, Member (T) Shri Alok Kothari, Advocate for the .....

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..... er passed by the sale tax authorities wherein set off in respect of sales tax paid on the raw material was allowed. The appellants also relied upon the Board's Circular No. 2/94-Cx dated 11.1.94 and 671/62/2002 dated 9.10.2002 whereby it has been clarified that set-off scheme of sales tax does not change the rate of sales tax payable/chargeable on the finished goods, the set-off is not to be taken .....

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..... pra) relied upon by the Revenue the assessee was collecting sales tax from their buyers but not paying to the department as the same was exempted. In such a situation Tribunal held that abatement in respect of sales tax is not available to the manufacturer. Facts of the present case are different. In the present case revenue is only allowing abatement to the net amount of sales tax paid by the app .....

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