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2019 (4) TMI 1406 - CESTAT KOLKATAValuation - inclusion of processing charges paid to WBIDC for capital subsidy and power incentive in assessable value - penalty - HELD THAT:- It is not in dispute that without power incentive and capital subsidy, the project would not have been viable. Hence, the subsidy has got direct nexus with the manufacturing activity - In order to procure the capital goods, subsidy was allowed by State Government. Power incentives/subsidy has direct nexus with the manufacturing activities. Penalty - HELD THAT:- There is no element of suppression of facts or willful mis-statement etc. with intent to evade payment of service tax - Penalty set aside - appeal allowed - decided in favor of appellant.
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