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of <h1>Tribunal emphasizes revenue neutrality in tax deduction, sets aside Commissioner's demand and penalty</h1> <h3>ZANDU PHARMACEUTICALS WORKS LTD. Versus COMMISSIONER OF C. EX., THANE</h3> ZANDU PHARMACEUTICALS WORKS LTD. Versus COMMISSIONER OF C. EX., THANE - 2005 (192) E.L.T. 760 (Tri. - Mumbai) Issues:1. Dispute over deduction on account of sales tax in the assessable value of excisable goods.2. Interpretation of Circular No. 20/90-CX.1 regarding deductions on equalized basis.3. Applicability of deductions when products are exempt from sales tax.4. Assessment of revenue neutrality in the deduction process.Issue 1: Dispute over deduction on account of sales tax:The appellant, a manufacturer of medicines, claimed deductions on sales tax paid/payable in terms of Section 4(4)(d)(ii) on an equalized basis. The Department contended that products exempt from sales tax should not have deductions. The Commissioner demanded differential duty and imposed a penalty for unauthorized deductions.Issue 2: Interpretation of Circular No. 20/90-CX.1:The appellant relied on Circular No. 20/90-CX.1, allowing deductions on equalized basis for sales tax. The Circular stated that deductions should be substantiated based on actual amounts paid as taxes and octroi. The Circular aimed to ensure uniform retail prices nationwide by equalizing local taxes.Issue 3: Applicability of deductions for tax-exempt products:The Department argued that the Circular does not apply when no sales tax is paid on exempted products. The Tribunal agreed, stating that equalized deductions are permissible only when some tax is paid, not for products exempt from tax. The Circular's provision of deductions for sales tax paid does not cover cases where no tax is paid.Issue 4: Assessment of revenue neutrality:The Tribunal considered the overall context of the case and assessed the revenue neutrality of the deduction process. It noted that the appellant deducted part of the tax paid on taxable products and part on tax-exempt products, resulting in revenue neutrality. Citing a Supreme Court decision, the Tribunal set aside the demand and penalty, affirming revenue neutrality in the deduction process.In conclusion, the Tribunal ruled in favor of the appellant, emphasizing revenue neutrality in the deduction process and interpreting the Circular's applicability to cases where sales tax is actually paid. The judgment highlighted the importance of substantiating deductions based on actual tax payments and ensuring uniformity in retail prices across regions.
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