9911796707
TMI Blog2017 (1) TMI 793X X X X Extracts X X X X X X X X Extracts X X X X ..... - E/545/2009-EX(DB) - A/71122/2016-SM[BR] - Dated:- 18-11-2016 - Shri Anil Choudhary, Judicial Member Present for the Appellant: Shri Pawan Kumar Singh, Superintendent, AR Present for the Respondent: Shri Hrishikesh, Advocate Per: Anil Choudhary Brief facts of the case are that Respondent - M/s. Super Plastronics Pvt. Ltd. (SPPL) were manufacturer of Colour Television Sets and were registered with Central Excise Department. SPPL 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. SPPL were taking Cenvat Credit under relevant Cenvat Credit Rules. The suppliers of C.P.Ts. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case laws relied upon by the appellant were not squarely applicable in the present case in as much as in none of those decisions issue of impact of credit notes on the transaction value is involved. The Original Authority confirmed the demand, and imposed equal penalty and also imposed penalty on co-noticees, of different amounts. 2. Aggrieved by the said Order-in-Original, the assessee filed appeal before the Commissioner (Appeals), which was allowed. Aggrieved, Revenue is before this Tribunal. The grounds of appeals inter-alia_ include 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 SPPL - respondent did not receive the inputs i.e. C.P.Ts., nor the duty was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is applicable for the entire period for which such Rules existed on statute. Therefore, we do not find any strength in the argument and grounds of the learned D.R. The copy of the said circular is reproduced hereunder :- Clarification 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 s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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