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    <title>2018 (4) TMI 1301 - CESTAT KOLKATA</title>
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    <description>VAT/Sales Tax retained by assessees under an industrial incentive scheme was examined for inclusion in assessable value for central excise duty, where 99% of the tax collected was retained and 1% deposited with the State Exchequer. The adjudication had treated the retained portion as includible in value. Following an earlier coordinate bench approach on identical issues, the impugned order was set aside and the matter remanded for fresh adjudication de novo, with liberty to adduce fresh evidence and after granting reasonable opportunity. The issue was thus not decided on merits and remained open for reconsideration.</description>
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    <pubDate>Wed, 21 Mar 2018 00:00:00 +0530</pubDate>
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      <title>2018 (4) TMI 1301 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=359190</link>
      <description>VAT/Sales Tax retained by assessees under an industrial incentive scheme was examined for inclusion in assessable value for central excise duty, where 99% of the tax collected was retained and 1% deposited with the State Exchequer. The adjudication had treated the retained portion as includible in value. Following an earlier coordinate bench approach on identical issues, the impugned order was set aside and the matter remanded for fresh adjudication de novo, with liberty to adduce fresh evidence and after granting reasonable opportunity. The issue was thus not decided on merits and remained open for reconsideration.</description>
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