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2018 (4) TMI 1160 - AT - Central ExciseValuation - inclusion of subsidy received by the appellant from the State Government as per MOU in assessable value - section 4(3)(d) of the Central Excise Act, 1944 - Held that: - Tribunal consistently is taking the view that subsidy amount cannot be included in the transaction value of the product for the purpose of payment of duty. In the present case, subsidy is sanctioned and credited to the bank account of the appellant - the decision in the case of Shree Cement Ltd. Shree Jaipur Cement Ltd. Versus CCE, Alwar [2018 (1) TMI 915 - CESTAT NEW DELHI] squarely applies to the present case, 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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