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2019 (4) TMI 1645 - AT - Central ExciseValuation - deduction of VAT from Transaction value - Section 4 (3) (d) of the Central Excise Act, 1944 - HELD THAT:- In the present case, the appellant in terms of the 2004 Scheme had deposited the entire amount of VAT collected. It is this amount that is used as a measure for granting financial assistance to be subsequently provided. In terms of Clause 6.2 of the 2004 Scheme, units with fixed investment between ₹ 1 crore to ₹ 10 crores are provided financial assistance equivalent to 75% of the sales tax paid. The Adjudicating Authority was not, therefore, correct in stating that the amount of VAT collected by the assessee was retained and not deposited in the Government account. The judgment of the Tribunal in M/S MAIHAR CEMENT VERSUS CCE & ST JABALPUR [2018 (4) TMI 288 - CESTAT NEW DELHI] and SHREE CEMENT LTD. SHREE JAIPUR CEMENT LTD. VERSUS CCE, ALWAR [2018 (1) TMI 915 - CESTAT NEW DELHI] would, therefore, apply and the financial assistance granted to the appellant cannot be included in the Transaction value for payment of excise duty. Appeal allowed - decided in favor of appellant.
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