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TMI Blog2018 (7) TMI 1050X X X X Extracts X X X X X X X X Extracts X X X X ..... duty was paid by the supplier. There is no case for Revenue to reverse the CENVAT credit availed by the appellants or to recover interest or to impose penalty on any of them - appeal allowed - decided in favor of appellant. - E/56252 & 56183/2013-EX[SM] - FINAL ORDER NO. 71074-71075/2018 - Dated:- 10-5-2018 - Mr. Anil G. Shakkarwar, Member (Technical) Shri Abhishek Jaju, Advocate Shri R. S. Yadav, Advocate (In Appeal No. E/56183/2013) Shri Vipin Kumar Kushwaha (Proxy Counsel) (In Appeal No. E/56252/2013), for Appellant Shri Pawan Kumar Singh, Superintendent (AR), for Respondent ORDER Per: Anil G. Shakkarwar The above stated two appeals are arising out of common impugned Order-in-Appeal No. 314-315/ST/APPL/N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iod from 28/06/2008 to 21/06/2010 and therefore, M/s K. Three Electronics Pvt. Ltd. were required to pay interest of ₹ 44,664/- in terms of Rule 14 of the Cenvat Credit Rules, 2004 read with Section 11AB of the Central Excise Act, 1944. It was further alleged that M/s K. Three Electronics Pvt. Ltd. vide Invoice No. 10139529 dated 14/03/2009 received Moulds Dies from M/s L. G. Electronics India Pvt. Ltd. on which Central Excise duty of ₹ 5,39,001/- was paid and that for payment of the said duty the assessable value was not reduced by M/s L. G. Electronics India Pvt. Ltd. @2.5% per quarter which was admissible as Sub-rule (5) of Rule 3 of Cenvat Credit Rules, 2004. As a result, M/s L. G. Electronics India Pvt. Ltd. have paid hig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise, Ludhiana Versus Perfect Synthetics reported at 2006 (206) E.L.T. 71 (P H), wherein it was held that the assessee is not prevented from taking credit on the ground that excess duty was paid by the supplier. 4. Heard the ld. A. R. for Revenue, who has supported the impugned Order-in-Appeal. 5. Having considered the rival contentions and on perusal of the facts on record, I find that the duty that was paid by M/s L. G. Electronics India Pvt. Ltd. was availed as Cenvat credit by M/s K. Three Electronics Pvt. Ltd. The provisions of Cenvat Credit Rules allow credit of entire duty paid on the inputs and capital goods and it is settled possession of law that assessment cannot be done a the end of the receiver of the inputs. C. B. E. C. h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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