TMI Blog2018 (3) TMI 1229X X X X Extracts X X X X X X X X Extracts X X X X ..... 2017 - FINAL ORDER NO.50691/2018 - Dated:- 2-2-2018 - Mr. Justice (Dr.) Satish Chandra, President And Mr. V. Padmanabhan, Member (Technical) Shri Dhruv Tiwari, Advocate for the Appellants Shri S K Bansal, AR for the Respondent The present appeal is filed by the appellant against the Order-in-Original No. 24/2017 dated 31.8.2017. Disputed period is September, 2012 to April, 2016. 2. Brief facts of the case are that the appellant is engaged in the manufacturing of insulated wires and cables which attract central excise duty under Chapter 85 of the Central Excise Tariff Act, 1985. The appellant cleared the final products after paying the Central Excise duty and also discharged VAT/CST under MPIIPAS. 3. With this back ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dt. 18.01.2018) where it was observed that fter hearing both sides and on perusal of record, it appears that the identical issue has come up before the Tribunal in Shree Cement Ltd. vs. CCE, Alwar (Final Order No. 50189-50191/2018 dt. 18.01.2018 ) where it was observed that 7. We have heard both sides at length and perused the appeal record. As out lined above, the appellants are covered by the Investment Promotion Schemes of the Rajasthan Government. In terms of the various schemes of the Rajasthan Government, the appellants are required to discharge their VAT liability by making payment of the same. Out of such VAT credited to the Government, a certain portion is disbursed back to them in the form of subsidies. Such disburseme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mit 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. 10. It is pertinent to reproduce the observations of the Tribunal in the Welspun Corporation Ltd. case 5.1 The Respondent company opted for Remission of Tax Scheme and was thus elig ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
