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    <title>2017 (5) TMI 177 - CESTAT MUMBAI</title>
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    <description>Sales tax remitted under the Gujarat incentive scheme was held outside the assessable value for central excise because the levy was legally payable and then waived as a capital incentive linked to fixed investment. The transaction value under section 4 of the Central Excise Act, 1944 excludes sales tax actually paid or actually payable, and the remitted amount did not become additional consideration from the buyer. The facts were distinguished from an exemption-based incentive, so the ratio of Super Synotex did not apply. The impugned orders were upheld and the Revenue&#039;s appeals failed.</description>
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    <pubDate>Thu, 23 Mar 2017 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=342439</link>
      <description>Sales tax remitted under the Gujarat incentive scheme was held outside the assessable value for central excise because the levy was legally payable and then waived as a capital incentive linked to fixed investment. The transaction value under section 4 of the Central Excise Act, 1944 excludes sales tax actually paid or actually payable, and the remitted amount did not become additional consideration from the buyer. The facts were distinguished from an exemption-based incentive, so the ratio of Super Synotex did not apply. The impugned orders were upheld and the Revenue&#039;s appeals failed.</description>
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      <pubDate>Thu, 23 Mar 2017 00:00:00 +0530</pubDate>
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