Wait...
Search Global Export Import Trade Data
Recent Searches: No Recent Searches

Date: 17-09-2014
Notification No: Central Excise INSTRUCTION
Issuing Authority: Central Excise  
Type: Instruction
File No: F. No. 6/8/2014-CX.1
Subject: Instructions in light of Judgment of Hon’ble Supreme Court on Sales Tax Incentive Scheme

Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs

Dt: 17.09.2014

To

The Chief Commissioners of Central Excise (All)

Sub: Instructions in light of Judgment of Hon’ble Supreme Court on Sales Tax Incentive Scheme-reg.

Kind attention is invited to the judgment of Hon’ble Supreme Court in case of M/s Super Synotex India Ltd. [2014-TIOL-19-SC-CX] on the issue of abatement of sales tax under an abatement scheme where the assesse was allowed to retain 75% of the sales tax collected from the buyer and was required to deposit only the remaining 25% with the State Government. Under the circumstances, Hon’ble Court held that after 01.07.2000 i.e. under the transaction value regime, 75% of the sales tax retained by the assesse would form part of the assessable value, stating as follows in the paragraph 22,

“ The amount paid or payable to the State Government towards sales tax, VAT, etc. is excluded because it is not an amount paid to the manufacturer towards the price, but an amount paid or payable to the State Government for sale transaction, i.e. transfer of title from the manufacturer to a third party. Accordingly, the amount paid to the State Government is only excludible from the transaction value. What is not payable or to be paid as sales tax/VAT, should not be charged from the third customer/party but if it is charged and is not payable or paid, it is a part and should not be excluded from the transaction value. This is the position after the amendment, for as per the amended provisions the words “transaction value” mean payment made on actual basis or actually paid by the assesse. The words that gain significance are “actually paid”. ”

2) For further details the judgment may kindly be referred. This is an important judgment on the issue and may be brought to the notice of the trade and the assessing officers for finalisation of similar cases. Hindi version will follow. Difficulty, if any, in the implementation of the instruction may be brought to the notice of the Board.

Yours faithfully,

(ROHAN)
OSD CX-6
Copy to: Members of the Board
F. No. 6/8/2014-CX.1

       

Get Sample Now

Which service(s) are you interested in?
 Export Data
 Import Data
 Both
 Buyers
 Suppliers
 Both
OR
 Exim Help
+


What is New?

Date: 27-03-2026
Notification No. 05/2026-Central Excise
Corrigendum to Notification No. 06/2026-Central Excise dated 26.03.2026

Date: 27-03-2026
Corrigendum
Corrigendum to Notification No. 11/2026-Central Excise dated 26.03.2026

Date: 26-03-2026
Notification No. 11/2026-Central Excise
Seeks to prescribe rates of Road and Infrastructure Cess for petrol and diesel, when cleared for exports

Date: 26-03-2026
Notification No. 12/2026-Central Excise
Seeks to amend notification No.4/2019-Central Excise to exclude the provisions of the notification on petrol and diesel when cleared for exports.

Date: 26-03-2026
Notification No. 13/2026- Central Excise
Seeks to rescinderst while notification

Date: 26-03-2026
Notification No. 06/2026-Central Excise
Seeks to levy Special Additional Excise Duty on export of petrol and diesel.

Date: 26-03-2026
Notification No. 07/2026-Central Excise
Seeks to amend the Eighth Schedule to Finance Act, 2002 to insert Aviation Turbine Fuel in the Schedule and prescribe Special Additional Excise Duty on it

Date: 26-03-2026
Notification No. 8/2026-Central Excise
Seeks to prescribe an effective rate of Special Additional Excise Duty on Aviation Turbine Fuel when cleared for exports

Date: 26-03-2026
Notification No. 9/2026-Central Excise
Seeks to exempt Aviation Turbine Fuel from whole of Special Additional Excise Duty except when cleared for exports

Date: 26-03-2026
Notification No. 10/2026-Central Excise
Seeks to exempt applicable basic excise duty and Agriculture Infrastructure and Development Cess on petrol and diesel and basic excise duty on Aviation Turbine Fuel, when cleared for exports



Exim Guru Copyright © 1999-2026 Exim Guru. All Rights Reserved.
The information presented on the site is believed to be accurate. However, InfodriveIndia takes no legal responsibilities for the validity of the information.
Please read our Terms of Use and Privacy Policy before you use this Export Import Data Directory.

EximGuru.com

C/o InfodriveIndia Pvt Ltd
F-19, Pocket F, Okhla Phase-I
Okhla Industrial Area
New Delhi - 110020, India
Phone : 011 - 40703001