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TMI Blog2016 (11) TMI 1214X X X X Extracts X X X X X X X X Extracts X X X X ..... phs was issued. 2. Brief facts of the case are that M/s. Dixon Technologies (India) Pvt. Ltd. (D.T.I.P.L.) were manufacturer of electronics and electrical goods such as color television sets, D.V.D. players etc. and were registered with Central Excise Department. D.T. I.P.L. had purchased color picture tubes (C.P.T.) from Samtel Color Ltd., Hotline, BPL Display Devices Ltd. and J.C.T. Electronics Ltd. On the basis of duty paid on the said C.P.Ts. by said suppliers of C.P.T. D.T.I.P.L. were taking Cenvat Credit under relevant Cenvat Credit Rules. The suppliers of C.P.Ts. issued credit notes to D.T.I.P.L., as a result the assessable value of the inputs received used to alter at the end of the manufactures of the inputs. It appeared to Revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ose decisions issue of impact of credit notes on the transaction value is involved. The Original Authority confirmed the demand, imposed penalty and also imposed penalty on co-noticees. 3. Aggrieved by the said impugned Order-in-Original, the appellants are before this Tribunal. The grounds of appeals inter-alia including that in the light of provisions under Rules, 3 4 & 9 of Cenvat Credit Rules, 2001, it is not the case of the Department that D.T.I.P.L. did not received the inputs i.e. C.P.Ts., nor the duty was not paid on the inputs, nor the required documents were not available with them. The C.P.Ts. manufacturers have paid duty on C.P.Ts. on the basis of agreed upon prices prevailing at the time of clearance of the goods and duty so p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fication regarding reversal of Cenvat Credit in case of trade discount Representations have been received from trade and industry seeking clarification on the issue whether proportionate credit should be reversed in cases where a manufacturer avails credit of the amount of duty paid by supplier as reflected in the excise invoice, but subsequently the supplier allows some trade discount or reduces the price, without reducing the duty paid by him. 2. The issue has been examined. Since, the discount in such cases are given in respect of the value of inputs and not in respect of the duty paid by the supplier, the effect of reduction of value of inputs may be that the duty required to be paid on the inputs was less than what has been actually ..... X X X X Extracts X X X X X X X X Extracts X X X X
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