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    <title>2024 (12) TMI 1680 - CESTAT MUMBAI</title>
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    <description>Sales tax incentives received under the PSI/NPV scheme were held not to form additional consideration for excise valuation because the deferred sales tax liability was treated as discharged under State law. TOP charges were also excluded from transaction value as contractual compensation for shortfall in assured quantities, not part of the price of goods supplied. With neither amount includable in assessable value, the duty demand failed; the record also did not show deliberate suppression or misstatement to justify extended limitation. Consequential penalties, confiscation and redemption fine were therefore unsustainable, and the assessee obtained relief.</description>
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      <link>https://www.taxtmi.com/caselaws?id=465499</link>
      <description>Sales tax incentives received under the PSI/NPV scheme were held not to form additional consideration for excise valuation because the deferred sales tax liability was treated as discharged under State law. TOP charges were also excluded from transaction value as contractual compensation for shortfall in assured quantities, not part of the price of goods supplied. With neither amount includable in assessable value, the duty demand failed; the record also did not show deliberate suppression or misstatement to justify extended limitation. Consequential penalties, confiscation and redemption fine were therefore unsustainable, and the assessee obtained relief.</description>
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