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    <title>2008 (2) TMI 704 - CESTAT,  MUMBAI</title>
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    <description>Deduction of turnover tax from assessable value under Section 4(4)(d)(ii) is confined to taxes actually payable on the goods and must reflect genuine tax incidence. Where the assessee admits that a substantial part of the claimed turnover tax was neither paid nor shown as payable for the relevant period, that amount cannot be deducted. Earlier decisions on average or equalised tax treatment were distinguished because they concerned taxes actually paid or genuinely established as payable. The disputed turnover tax was therefore not deductible from assessable value, and the Revenue&#039;s challenge succeeded.</description>
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      <link>https://www.taxtmi.com/caselaws?id=123370</link>
      <description>Deduction of turnover tax from assessable value under Section 4(4)(d)(ii) is confined to taxes actually payable on the goods and must reflect genuine tax incidence. Where the assessee admits that a substantial part of the claimed turnover tax was neither paid nor shown as payable for the relevant period, that amount cannot be deducted. Earlier decisions on average or equalised tax treatment were distinguished because they concerned taxes actually paid or genuinely established as payable. The disputed turnover tax was therefore not deductible from assessable value, and the Revenue&#039;s challenge succeeded.</description>
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