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2019 (1) TMI 241 - AT - Central ExciseCENVAT Credit - inclusion of subsidy in assessable value - Section 4 of the Central Excise Act, 1944 - Held that:- In the present case, for the initial period the assessees are required to remit the VAT recovered by them at the time of sale of the goods manufactured. A part of such VAT is given back to them in the form of subsidy in Challan 37 B. Such Challans are as good as cash but can be used only for payment of VAT in the subsequent period. In terms of the scheme of the Government of Rajasthan payment of VAT using such Challan are considered legal payments of tax. In view of the above, Revenue is not correct in taking the view that VAT liability discharged by utilizing such subsidy challans cannot be taken as VAT actually paid. Tribunal in the Welspun Corporation Ltd. [2017 (10) TMI 1303 - CESTAT MUMBAI] conclude 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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