9911796707
TMI Blog2019 (4) TMI 747X X X X Extracts X X X X X X X X Extracts X X X X ..... essee using VAT 37B Challans. Appeal allowed - decided in favor of appellant. - Appeals Nos. E/52438/2018, E/52758 & 52769/2018 - Final Orders Nos.50418-50420/2018 - Dated:- 12-2-2019 - Mr. Anil Choudhary, Member (Judicial) And Mr. Bijay Kumar, Member (Technical) Shri Anirudh, Shri G.K. Sarkar, Shri Prashant Ms. Priyanka Goel, Advocates for the appellant Shri S.K. Bansal, H.C. Saini Shri P. Juneja, DRs. For the respondent ORDER Per Anil Choudhary: In all these appeals, the facts are that the appellants are manufacturers of PP Woven Sacks PP Woven Fabrics having their factories in the state of Rajasthan and were operating under Rajasthan Investment Promotion Scheme, which was notified by the State G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the VAT paid which is required to be included in the assessable value. He also stated that Revenue is in appeal against the precedent decision of this Tribunal in the case of Shree Cement Ltd Ors vide Final Order No.50189-50191/2018 dated 18.01.2018. 4. We find that the issue herein is squarely covered by the precedent decision of the Tribunal in the case of Shree Cement Ltd. Shree Jaipur Cement Ltd. in Appeals Nos.E/51595, 51033, 51204/2017-EX(DB) vide Final Order No.50189-50191/2018 dated 18.01.2018, wherein it has been held as under:- 7. We have heard both sides at length and perused the appeal record. As out lined above, the appellants are covered by the Investment Promotion Schemes of the Rajasthan Government. In terms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e under which a portion of the VAT paid was remitted back to the assessee. The Tribunal held that such subsidy amounts are not required to the included in the transaction value. 6. In the present case we know that for the initial period the assessees are required to remit the VAT recovered by them at the time of sale of the goods manufactured. A part of such VAT is given back to them in the form of subsidy in Challan 37 B. Such Challans are as good as cash but can be used only for payment of VAT in the subsequent period. In terms of the scheme of the Government of Rajasthan, payment of VAT using such Challan are considered legal payments of tax. In view of the above, Revenue is not correct in taking the view that VAT liability discharged ..... X X X X Extracts X X X X X X X X Extracts X X X X
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