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2018 (4) TMI 955 - AT - Central ExciseValuation - includibility - incentive amounts received by the appellant from the Madhya Pradesh Government as part of the scheme for setting up of new industrial units in backward areas - Held that: - Since no part of the VAT collected is retained by the appellant, such amounts cannot be included in the assessable value. Identical issue decided in the case of Khanna Polyware (P) Ltd. Versus CCE, Jabalpur [2018 (3) TMI 177 - CESTAT NEW DELHI], where similar issue has come up before the Tribunal in the case of Shri 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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