TaxTMI 
TaxTMI 
2018 (4) TMI 1552
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....406, 50407, 50408, 50409, 50411, 50415, 50434, 50435, 50481, 50489, 50501, 50503, 50522, 50524, 50525, 50535, 50551, 50552, 50553, 50560, 50585,0599, 50603, 50606, 50615, 50639, 50694, 50703, 50704, 50705, 50722, 50727, 50743, 50744, 50763, 50775, 50784, 50785, 50788, 50789, 50794, 50795, 50796, 50797, 50798, 50799, 50800, 50801, 50272, 50456, 50787, 50802, 50804, 50262/2018-DB, Greenlam Industries Ltd, Marudhar Polysacks Pvt Ltd, Vaishno Wire Pvt Ltd, Maharaja Cables, Wellmac Plastics Private Limited, SRV International Pvt Ltd, Star Global Endura Ltd, Alliance Polysacks Pvt Ltd, Star Global Endura Ltd, Rupex Mineral Water P Ltd, ACME Metawires Pvt Ltd, Ganpati Plastfab Ltd, Eastern Polycraft Industries Ltd, JBM Auto Ltd, Bright Metals Ind....
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.... Pack Pvt Ltd, Dugar Overseas Pvt Ltd Versus C.G.ST C & C.E-Alwar And C.C.E. & S.T.-Jaipur-I, Commissioner Of Cgst & Central Excise-Jaipur-I( Appeal) Mr. (Dr.) Satish Chandra, Mr. V. Padmanabhan, JJ. M. Mahipal, Surid Bhatnagar & Arvind Kumar Birlam, Ranjeet Ranjan & Asmita Nayak, Priyanka Goel, V.R. Sethi, Ajay Mishra, Mahendera, Kamaljeet Singh, Udit Jain, Sudhir Bahtnagar & Arvind Kumar Birla, Anirudh Samantray, B. L. Yadav, Anurag Kapur, Jatin Mahajan, Kumar Vikram, Jitendra Singh, Mohit Gohlyan, Kumar Vikram, G.G. Gupta R.S. Sharma, Asmita A. Nayar & Ankit Totuka For The Appellant. M.R. Sharma For The Respondent. (Dr.) Satish Chandra: 1. The present appeals have been filed against the above mentioned Order-in-Appeal. 2. The....
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....efore the Tribunal in the case of Shree Cements Ltd. V/s CCE, Alwar 2018-TIOL-748-CESTAT-DEL where it was observed that:- 7. We have heard both sides at length and perused the appeal record. As out lined above, the appellants are covered by the Investment Promotion Schemes of the Rajasthan Government. In terms of the various schemes of the Rajasthan Government, the appellants are required to discharge their VAT liability by making payment of the same. Out of such VAT credited to the Government, a certain portion is disbursed back to them in the form of subsidies. Such disbursement happens in the form of VAT 37 B, challan which can be utilized in subsequent periods to discharge VAT liability. The crux of the dispute in the present case is w....
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....s good as cash but can be used only for payment of VAT in the subsequent period. In terms of the scheme of the Government of Rajasthan payment of VAT using such Challan are considered legal payments of tax. In view of the above, Revenue is not correct in taking the view that VAT liability discharged by utilizing such subsidy challans cannot be taken as VAT actually paid. 10. It is pertinent to reproduce the observations of the Tribunal in the Welspun Corporation Ltd. case "5.1 The Respondent company opted for "Remission of Tax Scheme" and was thus eligible for the Capital subsidy in the form of remission of Sales Tax subject to the conditions to be fulfilled.... The subsidy in the form of remission of sales tax was in fact a percentage o....