TMI Blog2019 (2) TMI 471X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - Excise Appeal No. 51360 of 2018 - Final Order No. 50173/2019 - Dated:- 24-1-2019 - Shri Justice Dilip Gupta, President And Shri C.L. Mahar, Member (Technical) Shri Ranjit Ranjan, Advocate for the appellant. Shri H. Saini, Authorized Representative (DR) for the Respondent. ORDER Per. C.L. Mahar :- The brief facts of the matter are that the appellant are engaged in manufacture of disposal cups, glasses and cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re the Commissioner (Appeals) against the above-mentioned order-in-original and the learned Commissioner (Appeals) vide his order dated 26 March, 2018 confirmed the findings of order-in-original. The appellant is before us against the above-mentioned order-in-appeal. 3. Having heard both the sides, we find 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. The findings of this Tribunal in an identical issue in the case of Shree Cement Ltd. vs. CCE, Al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wever, we note that the Tribunal in the case of Welspun Corporation Ltd. (Supra) has distinguished the decision of the Apex Court in the light of Gujarat VAT Act, 2003. In the Welspun Corporation Ltd. case, the assessee had opted for remission of tax scheme under which a portion of the VAT paid was remitted back to the assessee. The Tribunal held that such subsidy amounts are not required to the included in the transaction value. 9. In the present case we know that for the initial period the assessees are required to remit the VAT recovered by them at the time of sale of the goods manufactured. A part of such VAT is given back to them in the form of subsidy in Challan 37 B. Such Challans are as good as cash but can be used only for pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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