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    <title>2026 (6) TMI 1226 - CESTAT MUMBAI</title>
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    <description>A post-sale State industrial promotion subsidy linked to fixed capital investment was treated as outside the assessable value for Central Excise because it did not arise from any individual sale transaction. The valuation provisions were applied on the basis that transaction value is determined at the time of removal, and Rule 6 of the Central Excise Valuation Rules covers only additional consideration flowing directly or indirectly from the buyer. As the subsidy did not flow from the buyer and was not payable by the buyer, its later receipt could not alter the transaction value. The subsidy was therefore not includible in assessable value, and the demand and penalty could not be sustained.</description>
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      <title>2026 (6) TMI 1226 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=793845</link>
      <description>A post-sale State industrial promotion subsidy linked to fixed capital investment was treated as outside the assessable value for Central Excise because it did not arise from any individual sale transaction. The valuation provisions were applied on the basis that transaction value is determined at the time of removal, and Rule 6 of the Central Excise Valuation Rules covers only additional consideration flowing directly or indirectly from the buyer. As the subsidy did not flow from the buyer and was not payable by the buyer, its later receipt could not alter the transaction value. The subsidy was therefore not includible in assessable value, and the demand and penalty could not be sustained.</description>
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