9911796707
TMI Blog2024 (7) TMI 1454X X X X Extracts X X X X X X X X Extracts X X X X ..... 37B Forms and was entitled to use the said amount of subsidy to set off/pay the VAT liabilities. 2. The Revenue considering the amount of subsidy as additional consideration issued the show cause notice demanding duty on the amount of subsidy along with interest and penalty for the period during 1.4.2016 to 31.03.2017. The demand made under the show cause notice was affirmed by the Adjudicating Authority vide order-in-original dated 10.12.2021 and also by the impugned order. Hence, the present appeal has been filed before this Tribunal. 3. We have heard Shri Suhrid Bhatnagar, learned counsel for the appellant and Shri Manish Kumar Chawda, learned Authorised Representative for the respondent. 4. We have heard both the parties and perused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions as referred to by the learned Counsel for the appellant are as under: - 1. Rajasthan Digital Tiles (P) Ltd. Vs. Commissioner, Central Excise & CGST, Jaipur - [2023(5) TMI 435-CESTAT, New Delhi] 2. Dhawan Box Sheet Containers Pvt. Ltd. Vs. Commissioner, Goods and Service Tax, Commissionerate, Alwar (Rajasthan)- [2023 (7) TMI 821-CESTAT, New Delhi] 3. Honda Motorcycle & Scooters India Pvt. Ltd. Vs. CGSTC & CE, Alwar -[2019 (4) TMI 748-CESTAT, New Delhi] 4. H-One India Pvt. Ltd. &Anr. Vs. CCE - [2019 (5) TMI 1226-CESTAT, New Delhi] 5. Commissioner of Central Excise and Service Tax, Rajasthan Vs. Prem Jain Ispat Udyog Pvt. Ltd. - [2019 (8) TMI 1544-CESTAT, New Delhi] 6. Shree Cement Ltd. Vs. CCE, Alwar - [2018 (1) TMI 915, CES ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctual payment of VAT and thus will not be included in the transaction value in terms of Section 4(3)(d) of the Act. We are, therefore, of the considered view , that the impugned order holding otherwise needs to be set aside. In the present case also, the entire amount of sale tax collected from the customer is paid and not retained by the appellant. Since the matter is clearly covered on merits, we are not considering the other submissions made on the point of extended period of limitation or the liability towards interest and penalty, which otherwise do not survive . 9. In view of the settled law on the issue, the impugned order deserves to be set aside and the appeal, accordingly stands allowed. [Operative portion of the order already p ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
