Determination of the value of the excisable goods for the purposes of charging central Excise Duty in respect of industrial units located in Jammu & Kashmir and availing VAT remission vide SRO 91 dated 16.03.05.
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Assessable value: notional VAT price adjustments under remission schemes cannot be deducted when charging central excise duty. The circular clarifies that for excise purposes transaction value equals the price actually paid or payable and only taxes actually paid or payable to government are deductible. VAT shown as a price adjustment under the remission scheme in invoices, which is not paid to the government, is not deductible when determining the 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.
Assessable value: notional VAT price adjustments under remission schemes cannot be deducted when charging central excise duty.
The circular clarifies that for excise purposes transaction value equals the price actually paid or payable and only taxes actually paid or payable to government are deductible. VAT shown as a price adjustment under the remission scheme in invoices, which is not paid to the government, is not deductible when determining the assessable value for central excise duty.
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