2015 (10) TMI 2210

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..... e of the goods in question on whom the appellant has taken the cenvat credit, therefore, the CBEC Circular No.877/15/2008-CX dated 17.11.2008 clarifies that situation - as the supplier of the goods i.e. M/s. Tata Steels Ltd. has not claimed any refund of the excess duty paid by them, in that circumstance, the appellant has correctly taken the cenvat credit. With these observations, we do not find any merit in the impugned order. The same is set aside - Decided in favour of assessee.
Ashok Jindal, Member (J) And B. Ravichandran, Member (T) For the Appellant : Shri Rajesh Chibber, Adv For the Respondent : Shri Pramod Kumar, DR ORDER Per Ashok Jindal The appellant is in appeal against the impugned order demanding duty along with intere .....

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..... refore, the appellant is entitled to take cenvat credit of duty paid by the supplier. He submits that the issue has been settled in the case of Commissioner of Central Excise & Customs Vs. MDS Switchgear Ld. reported in 2008 (229) ELT 485 (SC) and in their own case by this Tribunal vide Final order No.A/51598/2015-EX(DB) dated 7.5.2015. He also took the support of the CBEC Circular No.877/15/2008-CX dated 17.11.2008. 3. On the other hand, ld. AR reiterating the findings of the impugned order. 4. Heard the parties. Considered the submissions. 5. In this case, the short issue is that whether the appellant is required to reverse the cenvat credit on account of discounts awarded to the appellant after clearance of the goods on payment of dut .....

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..... wever, if the duty paid is also reduced, along with the reduction in price, the reduced excise duty would only be available as credit. It may however be confirmed that the supplier, who has paid duty, has not filed/claimed the refund on account of reduction in price." 6. Further, we find that in the case of MDS Switchgear Ld. (supra) , the Hon'ble Apex Court has observed as under- "7. The Tribunal has come to the conclusion that in fact there was no loss of revenue. It accepted the appeal by recording the following reasons: "Reasons given by the appellants for the alleged inflation of the value of the intermediate goods are logical. What was required of the Commissioner was to examine the quantum of the loading of th .....

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