TMI Blog2018 (11) TMI 964X X X X Extracts X X X X X X X X Extracts X X X X ..... 8, Appeal No. E/53316/2018-DB - FINAL ORDER No. 53294/2018 - Dated:- 14-11-2018 - Shri Anil Choudhary, Member (Judicial) And Shri Bijay Kumar, Member (Technical) Shri Jatin Mahajan, Advocate for the Appellant Shri P. Juneja, DR for the Respondent ORDER Per Anil Choudhary: 1. Heard the COD there is delay of 23 days which is stated to be due to illness of the person incharge of the appellant company. 2. As a reason is plausible the application for condonation of delay is allowed. As the issue is covered by the precedent order of this Tribunal the appeal is taken up for disposal with the consent of both the parties. 3. The present appeal has been filed against the above mentioned Order-in-Appeal. 4. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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