TMI Blog2007 (11) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... tionately reduced is wrong - reduction of the price is a commercial. Transaction - duty paid on the T.V. by the supplier not disputed - no claim of refund of duty by supplier - there cannot be any reduction of the credit, at the respondent’s end - E/489/2007 - A/25/2008-WZB/C-IV/(SMB), - Dated:- 29-11-2007 - Shri M.V. Ravindran, Member (J) [Order]. - 1. This appeal is directed against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Commissioner (Appeals) came to the following conclusion "I have carefully gone through the records of the case and the submissions, both written and oral, made by both sides. My observations are as under :- (1) The short point for decision is whether Modvat credit taken by JLMIL on receipt of the inputs in their factory should be varied corresponding to the amount of debit notes issued by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is no loss of revenue. (2) Departmental contention at Para 3(4) that the cited cases are not relevant to them is not acceptable as these cases, apart from other observations, clearly laid down the principles on the basis of which the adjudicating authority had dropped the demand on this score. (3) The erstwhile Rule 57E and Board's Circular No. 33/33/94 CX-8, dated 4-5-1994 relate to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty difference is a commercial. transaction between them. The Central Excise duty paid on the transaction value by the supplier to the respondent was never disputed and there is also no claim of refund of duty by supplier. As such, there cannot be any reduction of the Modvat credit, at the respondent's end. I find that the impugned order of the ld Commissioner (Appeals) is based on sound reasoning ..... X X X X Extracts X X X X X X X X Extracts X X X X
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