2019 (3) TMI 1321 - AT - Central Excise

Valuation - inclusion of subsidy amounts utilized for VAT liability in the assessable value - Section 4 of the Central Excise Act - Held that - relying on assessee own case held that here 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:
1. Inclusion of subsidy amounts in the value of goods for Central Excise duty calculation.

Analysis:
The judgment revolves around the issue of whether subsidy amounts received by the appellants should be included in the assessable value of goods for the purpose of Central Excise duty calculation. The appellants had established factories in Rajasthan under the Investment Promotion Scheme, making them eligible for subsidies under various government schemes. The Revenue contended that the VAT liability discharged using subsidy amounts should be considered as part of the assessable value of goods cleared by the appellants, leading to a demand for the duty difference. The Tribunal analyzed the situation in light of previous decisions and the provisions of the Central Excise Act.

The Tribunal referred to a previous case involving similar issues and highlighted that under the Rajasthan government schemes, appellants were required to discharge their VAT liability, with a portion being disbursed back to them as subsidies in the form of VAT 37B challans. The crux of the dispute was whether such subsidy amounts should be included in the assessable value of goods as per Section 4 of the Central Excise Act. The Revenue argued that the VAT paid using 37B challans should not be considered as actual payment of VAT, contrary to the appellants' position.

The Tribunal considered the decision of the Supreme Court in a related case and noted the distinction made by the Tribunal in another case concerning the treatment of subsidy amounts in transaction value calculations. It emphasized that the subsidy received by the appellants was a legitimate form of tax payment under the Rajasthan government scheme, and therefore, should not be included in the assessable value for Central Excise duty purposes.

By following the precedent set in a specific case involving a similar issue, the Tribunal concluded that there was no justification for including the VAT amounts paid by the appellants using VAT 37B challans in the assessable value. Consequently, the impugned orders were set aside, and the appeals were allowed, providing the appellants with consequential relief as applicable.

In conclusion, the judgment clarifies the treatment of subsidy amounts received by the appellants under government schemes concerning VAT liability discharge and their exclusion from the assessable value for Central Excise duty calculation purposes. The decision provides a clear interpretation of the legal provisions and previous case law, ensuring consistency in tax treatment for similar situations.