2023 (6) TMI 97

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.... of India by the revenue against the rulings in the case of M/s MarutiUdyog Ltd (supra) and M/s Super Syncotex (India) Ltd (supra). The apex court have admitted these appeals and therefore it cannot be said that the ratio laid down in these rulings have attained finality. The appellant have also placed reliance on the Board Circular Nos. 378/11/98-CX dated 12.03.1998. This circular was considered by the Hon'ble Tribunal while deciding the cases of M/s MarutiUdyog Ltd (supra) and M/s Super Syncotex (India) Ltd (supra). Since the appeals filed against these two cases have been admitted by the Apex Court, even this circular cannot come to the support of the appellant. As regards Circular No. 679/70/2002-CX dated 04.12.2002 on which relianc....

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....ed to the account of the appellant only when the State Government permitted the appellant to retain a portion of the Sales Tax collected by them on payment of the balance amount of Sales Tax pre-maturely. The appellant in the appeal memorandum have submitted that out of the total deferred Sales Tax of Rs. 12.54/- for the years 1999 to 2000, they paid an amount of Rs. 4,10,745/ Lakhs on 29.03.2004. Since the Show Cause Notice was issued within the period of five years from such date of payment of Sales Tax, which lead to accrual of the balance amount of Sales Tax to the account of the appellant as an additional consideration flowing from the buyer, the argument that the demand is hit by limitation do not have any force and needs to be reject....