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2018 (4) TMI 288 - AT - Central ExciseDemand of differential duty - The department was of the view that deduction from VAT from Transaction Value is admissible only for the amount of tax actually paid or payable - Held that: - In the case of the Schemes under the Rajasthan Government, the subsidy amount is paid in the form of VAT Challan whereas in the case of the Scheme of the MP Government, the same is allowed by way of book adjustment against the VAT payable for the subsequent period. Identical issue decided in the case of Tribunal in the case of Shree Cement Ltd V/s Commissioner [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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