1991 (11) TMI 135

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....rish Chander, Vice President]. - M/s. Mysore Acetate & Chemicals Co. Ltd., Acetate Town, Mandya, have filed an appeal being aggrieved from the order passed by the Collector of Central Excise (Appeals), Madras. A Notice of hearing dated 24th September, 1991 was sent to the appellant. The appellant vide their letter dated 10th October, 1991 have intimated that the matter be decided on merits after....

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....pute is as to allowing of the turnover tax from the assessable value as deduction. The matter is squarely covered by the decision of the Supreme Court in the case of Union of India and Others v. Bombay Tyres International Ltd. reported in 1984 (17) E.L.T. 329. Para No. 2 from the said judgment is reproduced below :- "2. Taxes - Additional Sales Tax, Surcharge on Sales Tax, and Turnover Tax should....

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....nt taxing provisions of taxing statutes/rules. The taxes are additional sales tax, surcharge on sales tax, turnover tax. The Assistant Collector is directed to allow cost of transportation and delivery charges, turnover tax and octroi-duty as deductions from assessable value." 4. In view of the above observations, we are of the view that turnover tax is allowable as a deduction from the assessabl....