Determination of assessable value for levy of excise duty where an incentive is provided by the State Govts. in the form of retention of Sales-tax by the manufacturers
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Deductible sales tax: deferred or government-retained sales tax reduces assessable value under central excise law. Where sales tax is not payable by law (exemption) it cannot be deducted from the wholesale price; however, sales tax that is deferred or treated as payable because a State incentive credits an equivalent amount as payment is considered payable by the assessee and is deductible from the wholesale price for determination of assessable value for central excise duty.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Deductible sales tax: deferred or government-retained sales tax reduces assessable value under central excise law.
Where sales tax is not payable by law (exemption) it cannot be deducted from the wholesale price; however, sales tax that is deferred or treated as payable because a State incentive credits an equivalent amount as payment is considered payable by the assessee and is deductible from the wholesale price for determination of assessable value for central excise duty.
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