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2019 (12) TMI 109

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..... he 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 - Dated:- 7-11-2019 - HON BLE JUSTICE DILIP GUPTA, PRESIDENT AND HON BLE Mr. BIJAY KUMAR, MEMBER (TECHNICAL) Shri Dhruv Tiwari, Advocate for the Appellant Shri V.B. Jain, Authorized Representative for the Respondent ORDER JUSTICE DILIP GUPTA : These four appeals seek quashing of a common order dated 28 February, 2019 that dismisses ten appeals filed by the assesses, including four by the present Appellants. 2. The issue involved in all these four appeals is, wheth .....

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..... t 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 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 c .....

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..... s 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 in fact a percen .....

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