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2019 (2) TMI 471 - CESTAT NEW DELHIValuation - includibility of VAT in assessable value - Revenue was of the view that the VAT liability discharged by utilizing the investment subsidy granted in form 37B cannot be considered as VAT actually paid, for the purpose of Section 4 of the Central Excise Act, 1944 - Held that:- This matter is no longer res-integra as this Tribunal in several cases on similar facts decided the matters holding that the amount of the subsidy in the form of retention of VAT/sales tax under Rajasthan Investment Promotion Scheme is not includable in the assessable value for payment of central excise duty on the manufactured goods - reliance placed in the case of SHREE CEMENT LTD. SHREE JAIPUR CEMENT LTD. VERSUS CCE, ALWAR [2018 (1) TMI 915 - CESTAT NEW DELHI], where it was held that There is no justification for inclusion in the assessable value, the VAT amounts paid by the assessee using VAT 37B Challans - appeal allowed - decided in favor of appellant.
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