TMI Blog2020 (5) TMI 503X X X X Extracts X X X X X X X X Extracts X X X X ..... . Anil Choudhary, Member (Judicial) And Hon ble Mr. C L Mahar, Member (Technical) Present for the Appellant: Shri H Saini, AR Present for the Respondent: Shri Deepak Mahajan, Advocate ORDER PER C L Mahar: The brief facts of the matter are that the appellants are engaged in the manufacture of cement falling under Central Excise tariff heading 2523 and have been paying the central excise duty on their finished product. It is also a matter of record that the appellants have been availing the benefit of Rajasthan Investment Promotion Policy scheme. As per the provisions of Rajasthan Investment Promotion Policy Scheme 2003-2010 the appellants are provided with VAT 37 B Challan which can be used for payment of subsequent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us against the impugned order in appeal dated 10.12.2018. 4. We have heard both the sides and perused the record of appeal. We find that as it is rightly been held by the Commissioner (Appeals) that the matter is already been decided by this Tribunal in case of Shree Cement Limited vs. CCE, Alwar vide its Final Order No. 50189-50191/2018 dated 18.01.2018 and thus, the matter is no longer res integra. The relevant portion of the above referred Final Order of this Tribunal is reproduced hereinbelow:- 4. The Ld. Counsel for the appellant explained in detail the scheme of the Rajasthan Government regarding the grant of subsidy for new enterprises. He explained that the VAT is initially paid to the Government of Rajasthan before a portion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessable value. 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 is whether such subsidy amounts are required to be included in the assessable value of the goods manufact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 percentage of capital investment Separate assessment orders were thus issued by the assessing officer of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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