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2019 (5) TMI 1226 - AT - Central ExciseValuation - inclusion of subsidy in the assessable value - disbursement of the sales tax amount as ‘Subsidy’ - section 4 of CEA - HELD THAT:- In the present case, the Appellants in terms of the 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. The learned Authorised Representative has, however, placed reliance on the decision of the Tribunal in CCE & ST, RAIPUR VERSUS. M/S. JAYASWAL NECO INDUSTRIES LTD. [2015 (8) TMI 963 - CESTAT NEW DELHI] and M/S HONDA MOTORCYCLES & SCOOTERS INDIA PVT. LTD. VERSUS CCE, DELHI-III [2016 (9) TMI 533 - CESTAT CHANDIGARH], to contend that the ‘Subsidy’ should be included in the ‘Transaction Value’. It needs to be noted that these two decisions are not connected with the Scheme under consideration in these appeals, but relate to Remission Schemes and the decision of the Supreme Court in COMMISSIONER OF CENTRAL EXCISE, JAIPUR-II VERSUS M/S. SUPER SYNOTEX (INDIA) LTD. AND OTHERS [2014 (3) TMI 42 - SUPREME COURT] has been relied upon. The nature of Scheme in the present Appeals are entirely different as ‘Subsidy’ and not ‘remission’ has been provided to the Appellants under the Scheme. Appeal allowed - decided in favor of appellant.
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