2018 (3) TMI 1229 - AT - Central Excise

Valuation - subsidy - includibility - Department is of the view that the amount of the subsidy received from the M.P. Government is includible in the assessable value of the goods cleared during the period of dispute - Held that - the identical issue has come up before the Tribunal in the case of M/s. Pioneer Engineer Industries vs. CCE, Indore 2018 (2) TMI 9 - 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 allowed - decided in favor of appellant.

Summary

Issues:
- Inclusion of subsidy received from the Madhya Pradesh Government in the assessable value of goods cleared during the disputed period.

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi involved a dispute regarding the inclusion of a subsidy received by the appellant from the Madhya Pradesh Government in the assessable value of goods cleared during the period from September 2012 to April 2016. The appellant, engaged in manufacturing insulated wires and cables, had received an investment subsidy from the Madhya Pradesh Government under the MPIIPAS. The subsidy was treated as an advance payment towards VAT/CST. The department contended that the subsidy amount should be included in the assessable value of the goods cleared. The Tribunal examined the issue in light of previous decisions and relevant legal provisions.

Upon hearing both parties and reviewing the material on record, the Tribunal noted that a similar issue had been addressed in a previous case involving the Investment Promotion Schemes of the Rajasthan Government. The Tribunal considered the concept of transaction value under Section 4 of the Central Excise Act, which allows for the deduction of sales tax/VAT actually paid from the transaction value for excise duty calculation. The Revenue argued that the subsidy amount, paid through Challan 37B, should not be considered as actual payment of VAT.

The Tribunal referred to a Supreme Court decision and a previous Tribunal ruling to analyze the matter further. It highlighted that the Tribunal had previously held that subsidy amounts received by assessees under similar schemes were not required to be included in the transaction value. The Tribunal emphasized that the subsidy received by the appellant, in the form of remission of sales tax, was directly related to capital investment and fulfilled specific conditions set by the government.

Ultimately, the Tribunal, following its earlier decision, concluded that there was no justification for including the VAT amounts paid by the appellant using VAT 37B Challans in the assessable value. Consequently, the impugned orders were set aside, and the appeal was allowed. The Tribunal's decision provided clarity on the treatment of subsidies received by assessees under government schemes concerning the payment of VAT and its impact on the assessable value of goods cleared.

In conclusion, the Tribunal's detailed analysis and reliance on precedent established a clear interpretation of the legal provisions governing the inclusion of subsidies in the assessable value of goods for excise duty calculation, providing guidance for similar cases in the future.