TMI Blog2018 (10) TMI 757X X X X Extracts X X X X X X X X Extracts X X X X ..... 1441 of 2018 - A/53025/2018-EX[DB] - Dated:- 18-9-2018 - Mr. V. Padmanabhan, Member (Technical) Ms. Rachna Gupta, Member (Judicial) Ms. Ananya Sharma, C. A. for the appellant Sh. S. K. Bansal, AR for the Respondent ORDER Per: V. Padmanabhan: The present appeal is against the Order-in-Original No. JOD-EXCUS-000-COM-0020-17-18 dated 13.02.2018. 2. The appellant has a cement factory situated in the State of Rajasthan and were operating under Rajasthan Investment Promotion Scheme which was notified by Government of Rajasthan with the objective of facilitating investment in the establishment of new enterprises. Under the various schemes of the Rajasthan Government, the appellant were eligible for subsidies. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 disbursement happens in the form of VAT 37 B, challan which can be utilized in subsequent periods to discharge VAT liability. The crux of the dispute in the present case is whether such subsidy amounts are required to be included in the assessable value of the goods manufactured by the appellants, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment 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 eligible for the Capital subsidy in the form of remission of Sales Tax subject to the conditions to be fulfilled . The subsidy in the form of remission of sales tax was in fact a percentage of capital investment Separate assessment orders were thus issued by the assessing officer of the sales tax de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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