TMI Blog2018 (4) TMI 1552X X X X Extracts X X X X X X X X Extracts X X X X ..... ere 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. - E/50001, 50041, 50152, 50153, 50158, 50159, 50185, 50186, 50188, 50189, 50193, 50225, 50226/2018-DB - Final Order No. 51427-51514/2018 - Dated:- 11-4-2018 - E/50001, 50041, 50152, 50153, 50158, 50159, 50185, 50186, 50188, 50189, 50193, 50225, 50226, 50235, 50257, 50260, 50263, 50269, 50270, 50271, 50294, 50295, 50297, 50298, 50299, 50300, 50330, 50336, 50347, 50348, 50368, 50379, 50380, 50405, 50406, 50407, 50408, 50409, 50411, 50415, 50434, 50435, 50481, 50489, 50501, 50503, 50522, 50524, 50525, 50535, 50551, 50552, 50553, 50560, 50585,0599, 50603, 50606, 50615, 506 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iri Raj Casting P Ltd, Galaxy Taps Private Limited Neemrana Steel Service Centre India, Trans Acnr Solutions P Ltd, Maruti Products Pvt Ltd, Sanjog Steels Pvt Ltd, BMI Industries, Fiem Industries Limited, Banglore Polycotters Pvt Ltd, Oji Jk Packaging P Ltd, Motherson Sumi Systems Ltd, Shriram Pistons Rings Limited, Ramco Industries Ltd, Ujala Pumps Pvt Ltd, Veekay Polycoats Ltd, Century Metal Recycling Privte Ltd, Surya Metalloys Pvt Ltd, BMI Cable Pvt Lt, Rajshree Global Pvt Ltd, Bestex M M India Pvt Ltd, Satyam Plastfab Pvt Ltd, Easa Elevators Pvt Ltd, Suraksha Flexo Pack Pvt Ltd, Dugar Overseas Pvt Ltd Versus C.G.ST C C.E-Alwar And C.C.E. S.T.-Jaipur-I, Commissioner Of Cgst Central Excise-Jaipur-I( Appeal) Mr. (Dr.) Satish C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty discharged by the utilisation of the investment subsidy granted in Form 37B actually paid, for the purpose of Section 4 of the Central Excise Act. Accordingly, the Revenue proceeded to include such subsidy amounts in the value of the goods cleared by the appellants and demanded the difference of the duty. Being aggrieved, the appellants have filed the present appeals. 3. With this background we heard the Ld. Advocates for the appellant and Shri M.R. Sharma, Ld DR for the Revenue. 4. After hearing both sides and on perusal of record, it appears that the identical issue has come up before the Tribunal in the case of Shree Cements Ltd. V/s CCE, Alwar 2018-TIOL-748-CESTAT-DEL where it was observed that:- 7. We have heard both sides ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e decision of the Apex Court in the light of Gujarat VAT Act, 2003. In the Welspun Corporation Ltd. case, the assesse had opted for remission of tax scheme under which a portion of the VAT paid was remitted back to the assessee. The Tribunal held that such subsidy amounts are not required to the included in the transaction value. 9. In the present case we know that 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 V ..... X X X X Extracts X X X X X X X X Extracts X X X X
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