2024 (10) TMI 1052

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....27 001, Jharkhand (hereinafter referred to as the appellant/ M/s Inox) against Order-in-Original No. 01/AC/C.EX/Bok-1/2023-24 dated 19.04.2023 (hereinafter referred to as impugned order passed by the Assistant Commissioner, CGST & C. Ex Division-1, Bokaro (hereinafter referred to as the adjudicating authority/AC). 2. The facts of the case in brief are that during the audit by officers of the Audit Commissionerate, Ranchi it was observed from Trial Balance of FY 2010-11 to September 2015 and from the details of capital subsidy that M/s Inox had received Rs. 31,24,45,000/- on 30.04.2017 as capital subsidy. That amount was given to them by the Industry Department of Jharkhand State under the Jharkhand Industrial Policy, 2001 which was equiv....

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....incipal Commissioner of CGST & Central Excise, Bhopal reported vide 2023 (12) TMI 476 (CESTAT, New Delhi) Tribunal which has held as under: "4. Under the said the scheme, subject to fixed capital investment of above Rs.10 crores of more, the appellant would be eligible for investment promotion assistance of an amount equivalent to 75% of the VAT/CST paid, for 10 years. 9. In the present case, the appellant invested Rs.3101.70 lakhs in Mandideep coming under Backward „C‟ District and hence the maximum amount of assistance permissible was upto the said total investment, subject to payment of sales tax. It needs to be noted that 75% of the total sales tax paid was allowed by State Government as subsidy which was a....

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....accordingly the civil appeal filed by the revenue has been dismissed as reported in Principal Commissioner of CGST v Mahindra Steel Service Centre Ltd -2024 (4) TMI 531- SC order. 6. He further submits that for the subsequent period for the financial year 2016-17 and 17 18 proceedings were initiated wherein the demands were confirmed initially. But the Commissioner (Appeals) vide OIA No. 1236 dated 23.08.2024, has set aside the impugned order and allowed the appeal filed by the appellant. 7. In view of these submissions the Learned Councel prays that the appeal may be allowed on merits. 8. The Learned Counsel further submits that the Revenue has issued the Show Cause Notice on 20-10-2016 for the alleged contravention during the per....