2014 (4) TMI 128

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....rawal For the Respondent : C. S. C. ORDER 1. Heard Sri Bharat Ji Agrawal, learned Senior Advocate assisted by Sri Shubham Agrawal, Advocate for revisionist and learned Standing Counsel for the respondent. 2. The following questions of law have arisen in this matter: 1. Whether the applicant is not liable for payment of any entry tax on the imported machinery which has been imported ....

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....been admittedly purchased from the foreign seller, only the amount paid or payable to the foreign seller is liable to be included in the value of the goods even if entry tax is payable on the crude oil purchased from the foreign country by the applicant? 5. Whether the Trade Tax Tribunal was not justified in holding that the custom duty, port charges and other amount paid by the Head Office of ....

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....ter arrival of the crude oil in Mathura Refinery after several weeks at the time of consumption of the said crude oil which after its entry in Mathura local area? 3. It is stated at the Bar that questions No. 1, 2 and 3 are squarely covered against the assessee in view of Sections 2(1)(c)(d) and 18(1)and (2) of U.P. Tax on entry of Goods into Local Areas Act, 2007, which has been given effect f....

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..... In view of the above discussion, otherwise view taken by Tribunal is clearly erroneous and unsustainable. The questions formulated above, therefore are answered by observing that the expenses incurred, if any, by revisionist-assessee after transporting the goods inside the local area where it has to be consumed, used or sold, would not be a part of "value of goods" for the purpose of tax liabili....