https://www.taxtmi.com/caselaws?id=332272 For central excise valuation, only sales tax or VAT actually paid or actually payable to the State is excludible from transaction value under Section 4 of the Central Excise Act, and a State-law deeming fiction cannot by itself expand that exclusion. On the facts discussed, retained tax under a deferment scheme was therefore includible in assessable value. The text also notes that extended limitation and penalty require specific findings of suppression or wilful evasion; where the issue is one of legal interpretation and invoices disclose the tax components, those consequences may not survive. It further states that differential duty may be reworked on a cum-duty basis where duty was not separately collected. en-us Fri, 05 Aug 2016 00:00:00 +0530 Thu, 01 Feb 2018 10:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=332272 For central excise valuation, only sales tax or VAT actually paid or actually payable to the State is excludible from transaction value under Section 4 of the Central Excise Act, and a State-law deeming fiction cannot by itself expand that exclusion. On the facts discussed, retained tax under a deferment scheme was therefore includible in assessable value. The text also notes that extended limitation and penalty require specific findings of suppression or wilful evasion; where the issue is one of legal interpretation and invoices disclose the tax components, those consequences may not survive. It further states that differential duty may be reworked on a cum-duty basis where duty was not separately collected. Case-Laws Central Excise Fri, 05 Aug 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=332272