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2019 (12) TMI 109

..... uent period, amounts to retention of VAT/CST amount collected by the Appellants from the customers and thus liable to be included in the transaction value of the final products of the Appellants? HELD THAT:- There is no justification for inclusion of VAT amount paid by the assessee using VAT-38B Challan in the assessable value. The order impugned in the appeals, so far as it relates to the present four Appellants, cannot, therefore, be sustained - appeal allowed - decided in favor of appellant. - Excise Appeal No. 50910 of 2019, 51060 of 2019, 51061 of 2019, 51197 of 2019 - FINAL ORDER NO.51505-51508/2019 - 7-11-2019 - HON BLE JUSTICE DILIP GUPTA, PRESIDENT AND HON BLE Mr. BIJAY KUMAR, MEMBER (TECHNICAL) Shri Dhruv Tiwari, Advocate for the .....

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..... sions of the Rajasthan Investment Promotion Scheme, 2010 as also the earlier decisions of the Tribunal on this issue and particularly the decision of a Division Bench of the Tribunal in Shree Cement Limited vs CCE, Alwar 2018 (1) TMI 915 - CESTAT, New Delhi. The relevant portion of the decision is reproduced below : 10. It would be pertinent to refer to the relevant portion of the decision of the Tribunal in Shree Cement Ltd. and it is as follows :- 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 lia .....

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..... ts 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 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 observati .....

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