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2019 (4) TMI 747 - AT - Central ExciseValuation - inclusion of subsidy in assessable value - Revenue was of the view that the VAT liability discharged by utilizing the investment subsidy granted in form 37B, cannot be considered as VAT actually paid, for the purpose of Section 4 of the Central Excise Act, 1944 - Held that:- The issue herein is squarely covered by the precedent decision of the Tribunal 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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