2010 (3) TMI 986

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... for the Respondent. ORDER Appellant is engaged in the manufacture of Brass Extruded Rods and Bars falling under Chapter 74 of Central Excise Tariff Act, 1985. Enforcement Wing of sales tax department visited factory premises of the appellant on 22-7-2004 and found that there was short payment of purchase tax on inputs purchased by them during the period 2000-2001 to 2003-2004. Accordingly, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hase tax paid would have got included in the assessable value and in this case since purchase tax was paid after detection by the Enforcement Wing of the said sales tax department, the appellant would not have included the element of purchase tax in the assessable value. At the time of manufacture and clearance, they were not aware of this liability and therefore, it has not been included in the a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tal excise duty element and the transaction value too, giving a handle in the hands of the manufacturer to manipulate the price with a possible underhand dealing to pass on the portion of undeclared amount to the dealer/buyer. Such an arrangement is not unheard of in the business dealings." We agree with the learned advocate. It is a settled legal position that to demand duty additional considerat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt of purchase tax by the sales tax department. Learned DR on the other hand relied upon the three decisions to support the case of Revenue. In the case of Mafatlal Industries Limited - 2004 (172) E.L.T. 232 (Tri. Mumbai), no doubt it was held that all costs till the excisable goods comes into existence are to be included but now the issue before the Tribunal was valuation in the case of goods whi....