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2019 (3) TMI 1773 - AT - Central ExciseCENVAT Credit - common input services for taxable as well as exempt service - non-maintenance of separate records - applicability of Rule 6 (3A) of Cenvat Credit Rules, 2004 or Rule 6(3)(a) of CCR - Valuation of subsidy disbursed - HELD THAT:- The ld. Commissioner (Appeals) has failed to extend the benefit of provisions of Rule 6(3AA), under which an appellant is required to reverse only proportionate amount attributable to the exempted services of trading. Accordingly, the finding of the ld. Commissioner (Appeals) is set aside on this issue and the appellant is entitled to the benefit of the proportionate reversal with interest, as prescribed under 6 (3AA) of the Cenvat Credit Rules, for the period of dispute. Valuation - inclusion of subsidy granted by the Government of Rajasthan under the ‘Industrial Promotion Scheme of the State’ in the form of vouchers in ‘Form 37 B’ in the assessable value - amount was utilized in discharge of its VAT/Sales tax liability - HELD THAT:- The said issue has been decided by the Division Bench of this Tribunal in favour of the appellant 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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