Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Central Excise Act. 1944- Transaction value |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Central Excise Act. 1944ยท s.4(4)(d) - Transaction value - Inclusion of sales tax in transaction value - Held - The amount paid or payable to the State Government towards sales tax, VAT etc. is excludible from the assessable value because it is not an amount paid to the assessee-manufacturer towards the price but an amount paid or payable to the State Government for the sale transaction i.e. transfer of title from the manufacturer to a third party - However, if a part of sales tax collected is retained by the assessee towards incentive then the amount retained becomes profit or effective cost paid to assesssee by the purchaser and assessee is bound to pay excise duty on the said sum - Therefore, amount of sales tax retained is includible in transaction value of goods - Rajasthan Sales Tax Incentive Scheme, 1989 - CBEC circular no. 3781 11-98-CX dated 12.03.1998. Circular/government order/Notification: Circulars issued by CBEC - Binding effect of - Discussed. Tax/Taxation: Exemption and incentive - Distinction between - Discussed. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 153 |
Petitioner | Commissioner Of Central Excise, Jaipur-ii |
Respondent | M/s. Super Synotex (india) Ltd. And Others |
SCR | [2014] 3 S.C.R. 486 |
Judgement Date | 2014-02-28 |
Case Number | 9154 |
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