2020 (1) TMI 1626

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..... capital subsidy is required to be added in the assessable value of the excisable goods cleared or not? HELD THAT:- The said issue is no longer res integra and the Division Bench of this Tribunal in the case of SHREE CEMENT LTD. SHREE JAIPUR CEMENT LTD. VERSUS CCE, ALWAR [ 2018 (1) TMI 915 - CESTAT NEW DELHI] , has held that the view of the Revenue that VAT liability discharged by utilising the .....

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..... e Central Excise Act for calculation of the duty. The impugned order is set aside - Appeal allowed. - EXCISE APPEAL NO. 52679 OF 2019 - FINAL ORDER NO. 50114/2020 - Dated:- 17-1-2020 - HON BLE MR. ANIL CHOUDHARY, MEMBER (JUDICIAL) For the Appellant : Shri Deepak Mahajan, Advocate For the Respondent : Shri Y. Singh, Authorised Reprehensive ORDER ANIL CHOUDHARY The .....

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..... cannot be considered as VAT not paid for the purpose of valuation under Section 4 of the Central Excise Act, 1944. The State Government has, instead of disbursing the capital investment subsidy by cash or cheque, issued Form 37B vouchers, which could be used for the purpose of payment of sales tax liability. It was also held that after setting up of the industry initially the assessee was required .....

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