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TMI Blog2016 (7) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... on in prices will not disentitle the recipient from taking full Cenvat Credit of duty shown in the invoices. In the present case it is not even the case of reduction in prices of the capital goods and the amount received by the Appellant represents compensation given by the supplier of the capital goods for delay in commissioning of the project. There is no evidence on record that the supplier of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2010 passed by the Adjudicating Authority has been upheld. 2. Sri A.K.Bhattacharya (Consultant) appearing on behalf of the Appellant submitted that Appellant has availed Cenvat Credit on certain capital goods relating to Appellant s cold rolling mill during the period 2006. That there was a clause in their agreement for payment of damages from the supplier of capital goods in case of delay in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le irrespective of the fact that subsequently price of the goods is reduced by way of discount or otherwise. 3. Sri K.Choudhari, Supt.(AR) appearing on behalf of the Revenue reiterated the stand taken by the First Appellate Authority and defended the orders passed by the lower authorities. 4. Heard both sides and perused the case records. The issue involved in the present Appeal is whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cout or otherwise. However, 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. 5. In view of the above CBEC clarification and the case law relied upon by the Appellant any reduction in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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