2018 (3) TMI 688 - AT - Central Excise

Appeal success: Interest subsidy exclusion clarified in excise duty assessment

M/s Ultratech Cement Limited, M/s. Pioneer Engg. Industries Versus CCE, Jaipur

The appeal was filed against the inclusion of interest subsidy in the assessable value of goods cleared during a disputed period. The Tribunal referred to ... Valuation - includibility - Department is of the view that the amount of interest was received from State Government Scheme, 2003 is includible in the assessable of the goods cleared during the period in dispute - Held that: - identical issue decided in the case of Shree Cement Ltd. Shree Jaipur Cement Ltd. Versus CCE, Alwar [2018 (1) TMI 915 - CESTAT NEW DELHI], where it was held that There is no justification for inclusion in the assessable value, the VAT amounts paid by the assessee using VAT 37B Challans - appeal allowed - decided in favor of appellant. Issues:- Inclusion of interest subsidy in assessable value of goods cleared during the disputed period.Analysis:The appeal was filed against the order passed by the Commissioner, Central Excise, Jaipur, dated 11.09.2017, concerning the period from April 2015 to September 2016. The appellant, engaged in the manufacture of Cement and clinker, availed interest on subsidy under 'The Rajasthan Investment Promotion Scheme, 2003.' The dispute arose as the Department contended that the interest received from the State Government Scheme should be included in the assessable value of goods cleared during the disputed period. The Tribunal referred to a similar case involving Shree Cement Ltd. where it was observed that subsidies received by the appellants under various schemes of the Rajasthan Government should not be included in the assessable value of goods as they are considered legal payments of tax under the scheme. The Tribunal relied on previous decisions and concluded that the VAT amounts paid by the assessee using VAT 37B Challans should not be included in the assessable value. Consequently, the impugned order was set aside, and the appeal was allowed.This judgment clarifies the treatment of subsidies received under government schemes in the context of excise duty assessment. It emphasizes that subsidies received by assessees under investment promotion schemes should not be considered as part of the assessable value of goods. The decision is based on the interpretation of Section 4 of the Central Excise Act and relevant case law, highlighting the distinction between actual payment of VAT and subsidies received under specific schemes. The Tribunal's reliance on previous rulings and the specific conditions of the scheme in question demonstrates a consistent approach to interpreting tax liabilities in cases involving government incentives. The judgment provides clarity on the treatment of subsidies in excise duty calculations and sets a precedent for similar cases involving subsidy schemes and tax liabilities.