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2018 (11) TMI 1753 - AT - Central ExciseValuation - inclusion of reimbursed subsidy amount admissible under the Scheme towards the payment VAT on future sale in assessable value - HELD THAT - The same issue has been decided by this Hon ble Tribunal in case of KHANNA POLYWARE (P) LTD. VERSUS CCE JABALPUR 2018 (3) TMI 177 - CESTAT NEW DELHI where it was held that There is no justification for inclusion in the assessable value the VAT amounts paid by the assessee using VAT 37B Challans. Appeal dismissed - decided against Revenue.
Issues:
1. Interpretation of Section 4(3)(d) of the Central Excise Act regarding the deduction of VAT from transaction value. 2. Admissibility of deduction of VAT subsidy amount from transaction value. 3. Applicability of previous tribunal decisions on similar issues. Issue 1 - Interpretation of Section 4(3)(d) of the Central Excise Act: The appeal was filed by the Commissioner against the order of the Ld. Commissioner (Appeals) wherein the order of the Ld. Adjudicating Authority was set aside. The dispute revolved around the deduction of VAT from the transaction value. The Revenue contended that only the actual amount of VAT payable should be deducted, not the entire amount collected by the appellant. They relied on the decision of the Apex Court in a previous case. The Adjudicating Authority upheld the demand, considering the refund amount of VAT as cum duty price. The Revenue argued that the order of the Ld. Commissioner (Appeal) was unsustainable due to the discrepancy in VAT collection and payment by the appellant. Issue 2 - Admissibility of deduction of VAT subsidy amount: The respondent collected full VAT from buyers but was getting a refund of 75% of VAT paid under a government scheme. The State Government reimbursed the subsidy amount towards future VAT payments. The Revenue contended that the subsidy amount should not be deducted from the transaction value as it was not actually paid to the State Government. The Ld. Commissioner (Appeal) set aside the demand following previous tribunal decisions, emphasizing that the subsidy amount was not includable in the transaction value. Issue 3 - Applicability of previous tribunal decisions: The Tribunal referred to previous decisions in similar cases like Khanna Polymers Private Limited and Shri Cement Ltd. The Tribunal in these cases held that subsidy amounts disbursed back to the appellant for VAT payments were not required to be included in the assessable value of goods. The Tribunal distinguished the Apex Court decision based on the scheme of the Government and the legal nature of payments made using subsidy challans. Following the precedent, the Tribunal rejected the appeal filed by the Revenue, upholding the decision of the Ld. Commissioner (Appeal) based on the interpretation of Section 4 of the Central Excise Act. In conclusion, the judgment clarified the interpretation of Section 4(3)(d) of the Central Excise Act regarding the deduction of VAT from the transaction value and the admissibility of deducting VAT subsidy amounts. It emphasized the importance of previous tribunal decisions in similar cases to establish consistency in legal interpretation.
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