Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2020 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (2) TMI 1056 - AT - Central ExciseValuation - inclusion of VAT in assessable value - VAT amount, instead of paying in cash, the same is adjusted against the subsidy granted to them - when there is no actual payment of VAT, whether, the adjusted amount cannot be considered as payment of VAT and the same is not excludible from the transaction value? - HELD THAT:- The issue involved herein is not res integra as the identical issue has been considered by this 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 even though the VAT payment was adjusted against the subsidy received by the appellant, there is VAT payment and the same is excludible from the assessable value. Appeal allowed - decided in favor of appellant.
|