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    <title>2019 (5) TMI 1615 - CESTAT NEW DELHI</title>
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    <description>VAT remission granted under the Rajasthan Investment Promotion Scheme, effected through VAT 37B challans, was treated as a post-discharge adjustment rather than retention of sales tax. Because the assessee had already discharged the VAT liability to the State, the remitted amount was not regarded as tax retained by the assessee and could not be added to the assessable value for central excise duty. The demand for duty, interest and penalty was therefore unsustainable, and the remission-based subsidy was excluded from transaction value.</description>
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      <description>VAT remission granted under the Rajasthan Investment Promotion Scheme, effected through VAT 37B challans, was treated as a post-discharge adjustment rather than retention of sales tax. Because the assessee had already discharged the VAT liability to the State, the remitted amount was not regarded as tax retained by the assessee and could not be added to the assessable value for central excise duty. The demand for duty, interest and penalty was therefore unsustainable, and the remission-based subsidy was excluded from transaction value.</description>
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