https://www.taxtmi.com/caselaws?id=160711 Excise duty cannot be excluded from sale consideration merely because the amount was refunded later. Where the assessee had already collected the sum as part of the sale price, used it in business, and treated it as part of the transaction, a subsequent reimbursement did not prove that excise duty was never included in the original consideration. The decisive distinction is whether the deduction was contemporaneous with the sale; only an immediate add-back and deduction arrangement shows that the duty never formed part of the price. On these facts, the later refund was insufficient to alter the character of the original sale consideration, and the Revenue's view was sustained. en-us Tue, 07 Mar 2000 00:00:00 +0530 Mon, 23 Dec 2013 16:16:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=160711 Excise duty cannot be excluded from sale consideration merely because the amount was refunded later. Where the assessee had already collected the sum as part of the sale price, used it in business, and treated it as part of the transaction, a subsequent reimbursement did not prove that excise duty was never included in the original consideration. The decisive distinction is whether the deduction was contemporaneous with the sale; only an immediate add-back and deduction arrangement shows that the duty never formed part of the price. On these facts, the later refund was insufficient to alter the character of the original sale consideration, and the Revenue's view was sustained. Case-Laws VAT and Sales Tax Tue, 07 Mar 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=160711