TMI Blog2018 (5) TMI 2058X X X X Extracts X X X X X X X X Extracts X X X X ..... 1787 - CESTAT NEW DELHI] where it was held that there is no others justification for inclusion in the assessable value, the VAT amounts paid by the assessee using VAT 37B Challans. Appeal allowed - decided in favor of appellant. - Excise Appeal No. 50733 of 2018 - FINAL ORDER No. 51844 /2018 - Dated:- 14-5-2018 - Mr. Justice (Dr.) Satish Chandra, President Shri Prashant Srivastav, Advocate for the Appellants Shri K Poddar, AR for the Respondent ORDER The present appeal is arising out of Order-in-Appeal No. JAI-EXCUS-001-APP-615-2017 dated 12.1.2018. 2. Brief facts of the case are that the appellants have established their factories in the State of Rajasthan which were operating under the Rajasthan Investment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber of cases including M/s Greenlam Industries Ltd. vs. CGST CE, Alwar [ Final Order No. 51427- 51514/2018 dated 11.4.2018] wherein it was observed that : 4. After hearing both sides and on perusal of record, it appears that the identical issue has come up before 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 cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 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 observations of the Tribunal in the Welspun C ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
