2008 (7) TMI 230

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..... e extent of the duty ‘leviable’ on the inputs – held that revenue’s proposal for recovery of the excess credit, is not justified – since duty had already been paid by appellant, excess credit cannot be recovered by revenue – appeal allowed - E/238/2008 - 669/2008 - Dated:- 8-7-2008 - S/Shri P.G. Chacko, Member (J) and P. Karthikeyan, Member (T) Shri S. Venkatachalam, Advocate, for the Appe .....

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..... l reduction of assessable value at the end of the input-supplier. After noting this development, the department issued a show-cause notice to the appellants (manufacturer of final products) alleging that they were entitled to avail input-duty credit only to the extent of the duty 'leviable' on the inputs. This 'duty leviable' meant the duty on the reduced assessable value of the inputs. On this ba .....

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..... ind it easy to resolve the above dispute by taking into account the clear meaning of the phraseology "duty leviable and paid" used under Rule 3(1) ibid. 2. A similar dispute was considered in Final Order No. 465/08 dated 9-5-2008 [in Appeal No. E/78/2008 - M/s. Sri Balaji Industries v. Commissioner of Central Excise, Pondicherry - 2008 (228) E.L.T. 37 (Tribunal)] and it was held that MOD .....

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