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    <title>2024 (11) TMI 1568 - CESTAT MUMBAI</title>
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    <description>The dominant issue was whether State sales tax/VAT incentives/refunds granted as a percentage of tax paid under an NPV-type scheme were includable in the &quot;transaction value&quot;/assessable value for levy of central excise duty. Applying settled CESTAT precedent holding that such refunded tax incentives are in the nature of subsidy and do not constitute additional consideration flowing from the buyer to the assessee, the Tribunal held they are not includable in assessable value; consequently, the central excise duty demand (and allied penal consequences) premised on such inclusion could not be sustained. The impugned order was set aside and the Revenue&#039;s appeal was dismissed.</description>
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    <pubDate>Thu, 07 Nov 2024 00:00:00 +0530</pubDate>
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      <title>2024 (11) TMI 1568 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=465664</link>
      <description>The dominant issue was whether State sales tax/VAT incentives/refunds granted as a percentage of tax paid under an NPV-type scheme were includable in the &quot;transaction value&quot;/assessable value for levy of central excise duty. Applying settled CESTAT precedent holding that such refunded tax incentives are in the nature of subsidy and do not constitute additional consideration flowing from the buyer to the assessee, the Tribunal held they are not includable in assessable value; consequently, the central excise duty demand (and allied penal consequences) premised on such inclusion could not be sustained. The impugned order was set aside and the Revenue&#039;s appeal was dismissed.</description>
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      <pubDate>Thu, 07 Nov 2024 00:00:00 +0530</pubDate>
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