9911796707
TMI Blog1997 (4) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... ber (T)]. By the captioned appeal the Ld. Commissioner of Central Excise has assailed the order of the Ld. Collector (Appeals). The Ld. Collector (Appeals) in his order had held that Rule 57E provides that the credit allowed should be varied by adjustment in RG 23 if the duty paid on any inputs in respect of which credit has been allowed under Rule 57A is varied, subsequently, due to any rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be allowed credit of duty on that part of the assessable value for which debit notes have been issued. The appellants submitted that they had paid higher duty in accordance with the duty paying documents and had taken credit on that account only. It was also contended before lower authorities that since no refund of duty has been claimed by the manufacturer of the inputs there was no question of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the goods on which Modvat credit has been taken is reduced the respondents herein will not be entitled to take credit of duty attributable to the decreased assessable value of PVC compound. He submits that in this view of the matter the Assistant Collector rightly confirmed the demand and prays that the impugned order may be set aside. 4. Ms. Malini Sud, Ld. counsel appearing for the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 57E. Variations of a credit depends on the variation of duty in respect of duty paid by the manufacturers of the inputs. In the instant case no duty debit notes were issued by the manufacturer on the final products nor issue of these debit notes have affected the quantum of duty already paid by the manufacturer of the inputs and since there is no change in the duty paid by the manufacturer of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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