2019 (12) TMI 109 - AT - Central Excise

Valuation - inclusion of Sales Tax subsidy in assessable value - Whether the Sales Tax subsidy received in the form of VAT-38B challans which has been used to pay VAT/CST liability of the subsequent period, amounts to retention of VAT/CST amount collected by the Appellants from the customers and thus liable to be included in the transaction value of the final products of the Appellants? HELD THAT - There is no justification for inclusion of VAT amount paid by the assessee using VAT-38B Challan in the assessable value. The order impugned in the appeals, so far as it relates to the present four Appellants, cannot, therefore, be sustained - appeal allowed - decided in favor of appellant.

Summary

Issues:
Whether the Sales Tax subsidy received in the form of VAT-38B challans, used to pay VAT/CST liability of the subsequent period, amounts to retention of VAT/CST collected by the Appellants from customers and is liable to be included in the transaction value of the final products.

Analysis:
The judgment involves four appeals seeking the quashing of a common order dismissing ten appeals filed by assesses, including four by the present Appellants. The central issue in all four appeals is the treatment of Sales Tax subsidy received in the form of VAT-38B challans. The Tribunal previously decided in favor of the Appellants in similar matters. The learned Authorized Representative failed to distinguish this case from previous decisions where the Department's contentions were rejected. Reference was made to a decision in M/s H-One India Private Limited vs Commissioner of Central Excise, where the Tribunal extensively analyzed the Rajasthan Investment Promotion Scheme, 2010, and earlier decisions, including Shree Cement Limited vs CCE, Alwar. The Tribunal emphasized that the subsidy received through VAT 37 B challans, which can be used to discharge VAT liability in subsequent periods, should not be included in the assessable value of goods manufactured by the Appellants.

The Tribunal referred to the concept of transaction value outlined in Section 4 of the Central Excise Act, emphasizing that any sales tax/VAT actually paid can be deducted from the transaction value for excise duty payment. The Tribunal noted a distinction made in a previous case concerning the remission of tax scheme, where the subsidy received was not required to be included in the transaction value. In the present case, the subsidy received through VAT-38B challans was considered a legal payment of tax by the Government of Rajasthan. Therefore, the Revenue's argument that such subsidy challans do not constitute actual payment of VAT was deemed incorrect. The Tribunal highlighted that the VAT amount paid using VAT-38B Challan should not be included in the assessable value.

Consequently, the order impugned in the appeals related to the four Appellants was set aside, and the appeals were allowed. The judgment clarified the treatment of Sales Tax subsidy received through VAT-38B challans, emphasizing that such subsidies should not be considered as part of the assessable value of the final products manufactured by the Appellants.