TMI Blog2019 (7) TMI 1677X X X X Extracts X X X X X X X X Extracts X X X X ..... justification for inclusion in the assessable value, the VAT amounts paid by the assessee using VAT 37B Challans. Since, the facts of the case are similar to one which has already been decided by this Tribunal in the said final order, it is held that the order-in-appeal of the Commissioner (Appeals) is legally sustainable - appeal dismissed - decided against Revenue. - Excise Appeal No. 50417 of 2019 - FINAL ORDER NO. 51190/2019 - Dated:- 30-7-2019 - HON BLE SHRI C.L. MAHAR, MEMBER (TECHNICAL) AND HON BLE MS. RACHNA GUPTA, MEMBER (JUDICIAL) Shri R.K. Mishra, Authorized Representative (DR) for the appellant. Shri O.P. Agarwal, Consultant for the Respondent. ORDER C.L. MAHAR :- The brief facts of the matt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de his order No. 1270 (CRM) CE/JDR/2018 dated 16 November 2018 has allowed the appeal of the respondent/assessee holding that the order-in-original is without any merit. The Department is before us against the above-mentioned order of the Commissioner (Appeals). 2. Having heard both the sides and rival contentions, we find that matter is no longer res-integra as it has already been decided by this Tribunal in the case of M/s Shree Cement Limited versus Commissioner. The relevant extract of the above decision is reproduced here below :- 4. After hearing both sides and on perusal of record, it appears that the identical issue has already come up before the Tribunal in appellant s own case - Shree Cement Ltd. versus Commissioner of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Section 4(3)(d). However, we note that the Tribunal in the case of Welspun Corporation Ltd. (Supra) has distinguished the decision of the Apex Court in the light of Gujarat VAT Act, 2003. In the Welspun Corporation Ltd. case, the assessee had opted for remission of tax scheme under which a portion of the VAT paid was remitted back to the assessee. The Tribunal held that such subsidy amounts 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
