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TMI Blog2018 (4) TMI 220X X X X Extracts X X X X X X X X Extracts X X X X ..... ndra, President And V. Padmanabhan, Member (Technical) For the Appellants : Sh. Dhruv Tiwari, Adv. For the Respondent : Sh. S.K. Bansal, DR ORDER Per Justice ( Dr. ) Satish Chandra The present appeal is filed by the assessee-Appellants against the Order-in-Original No. JAI-EXCUS-COM-001-17-18 dated 17.04.2017 passed by the Commissioner of Central Excise, Jaipur. The period in dispute is January 2012 to March, 2015. 2. The brief facts of the case are that, the assessee-Appellant is engaged in the manufacture of Cement and clinker falling under Chapter sub heading 2523 which attracts the excise duty. The appellant s factory is located in the State of Rajasthan where the appellant was availing the interest on subsidy g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsement happens in the form of VAT 37 B, challan which can be utilized in subsequent periods to discharge VAT liability. The crux of the dispute in the present case is whether such subsidy amounts are required to be included in the assessable value of the goods manufactured by the appellants, in terms of Section 4 of the Central Excise Act. As per the concept of transaction value outlined in Section 4, with effect from 01/07/2000, any sales tax/VAT actually paid can be deducted from the transaction value for payment of excise duty. Revenue has taken the view that payment of VAT using 37B Challans cannot be considered as actual payment of VAT. 8. Both sides have referred to the decision of the Apex Court in the case of Super Synotex In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble for the Capital subsidy in the form of remission of Sales Tax subject to the conditions to be fulfilled . The subsidy in the form of remission of sales tax was in fact a percentage of capital investment Separate assessment orders were thus issued by the assessing officer of the sales tax department from time to time towards the incentive scheme amount. The Competent Authority was required to necessarily pass order for remission of such tax separately for each tax period. The remission of tax is thus directly related to capital investment in fixed asset. There was no option to claim exemption from payment of sales tax. The quantum of remission was based upon the investment made in the fixed assets. The condition of the remission amongst ..... X X X X Extracts X X X X X X X X Extracts X X X X
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