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TMI Blog2024 (10) TMI 1052X X X X Extracts X X X X X X X X Extracts X X X X ..... ld by the Hon ble Supreme Court. The impugned order is set aside - appeal allowed. - HON BLE MR. R. MURALIDHAR, MEMBER ( JUDICIAL ) And HON BLE MR. RAJEEV TANDON, MEMBER ( TECHNICAL ) Shri Gopal Mundra , Advocate for the Appellant Shri P. K. Ghosh , Authorized Representative for the Respondent ORDER Per R. Muralidhar : The instant appeal has been filed by M/s INOX Air Products Private Limited, C/o SAIL Bokaro Steel Plant, Near HSCL Construction Equipment Zone, Bokaro Steel City, Bokaro 827 001, Jharkhand (hereinafter referred to as the appellant/ M/s Inox) against Order-in-Original No. 01/AC/C.EX/Bok-1/2023-24 dated 19.04.2023 (hereinafter referred to as impugned order passed by the Assistant Commissioner, CGST C. Ex Division-1, Bokaro (h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... After due person, the Adjudicating Authority confirmed the demands. Being aggrieved the appellant is before the Tribunal. 4. The Learned Counsel submits that the issue as to whether the 75% of VAT/CST subsidy received from the State Government would be required to be added to the Assessable Value and Excise Duty to be paid or not is no more res integra. Identical issue had arisen before The Principal Bench CESTAT, New Delhi in the case of Mahindra Steel Service Central Ltd, Vs. Principal Commissioner of CGST Central Excise, Bhopal reported vide 2023 (12) TMI 476 (CESTAT, New Delhi) Tribunal which has held as under: 4. Under the said the scheme, subject to fixed capital investment of above Rs.10 crores of more, the appellant would be eligib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... value has to be accepted. 14. The order dated 31.12.2018 passed by the Principal Commissioner, therefore, deserves to be set aside and is set aside. The appeal is, accordingly, allowed. 5. The Learned Counsel submits that the aggrieved by this decision Revenue has filed an appeal before Supreme Court. The Apex Court has held that there is no merit in the appeal filed by the Revenue and accordingly the civil appeal filed by the revenue has been dismissed as reported in Principal Commissioner of CGST v Mahindra Steel Service Centre Ltd -2024 (4) TMI 531- SC order. 6. He further submits that for the subsequent period for the financial year 2016-17 and 17 18 proceedings were initiated wherein the demands were confirmed initially. But the Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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