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TMI Blog2014 (12) TMI 913X X X X Extracts X X X X X X X X Extracts X X X X ..... id or payable in the duty paying document is not paid by the original manufacturer or the service provider, then Cenvat credit taken is required to be varied at credit taking end. To clarify this matter further it is observed that C.B.E. & C. under Circular No. 766/82/2003-CX., dated 15-12-2003, issued vide No. 201/45/43-CX, has given clarification and made amply clear that the recipient of the inputs/input services should not be asked to reverse the Cenvat credit availed in such cases so long as the bona fide nature of the consignee’s transaction is not in dispute. In the case of the appellant there is no evidence that the transaction between the service provider and the service recipient was not bona fide. At the time of receiving of duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the basis of which Cenvat credit was taken by the appellant. On merits of the case the issue was decided against the appellant by the Adjudicating Authority and the first Appellate Authority. 2. None appeared on behalf of the appellant who vide letter dated 3-9-2013 submitted that the stay applications/appeals may be decided on the basis of submissions made by them in their appeal memoranda. In the appeal memoranda, inter alia, appellant has argued that as per the provisions of Rule 4(7) of the Cenvat Credit Rules, 2004 credit can be taken on the basis of the document received by them on which service tax paid or payable is indicated. Appellant also submitted that as per C.B.E. C. Circular No. 766/82/2003-CX., dated 15-12-2003 it h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the service provider, then Cenvat credit taken is required to be varied at credit taking end. To clarify this matter further it is observed that C.B.E. C. under Circular No. 766/82/2003-CX., dated 15-12-2003, issued vide No. 201/45/43-CX, has given following clarification in para-5 :- 5. On the issue of availment of credit by the user-manufacturer, it is clarified that action against the consignee to reverse/recover the Cenvat credit availed of in such cases need not be resorted to as long as the bona fide nature of the consignee s transaction is not in dispute. From the above clarification also it is made amply clear that the recipient of the inputs/input services should not be asked to reverse the Cenvat credit availed in such c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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