Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 2210 - AT - Central ExciseReversal of CENVAT Credit - Whether the appellant is required to reverse the cenvat credit on account of discounts awarded to the appellant after clearance of the goods on payment of duty by the supplier or not - Held that:- Whatever duty has been paid by the supplier, credit of the same has been taken by the appellant. Further, from the facts, it is also clear that the supplier of the goods have not claimed the refund of the excess duty paid by the supplier on account of reducing the excess value of the goods in question on whom the appellant has taken the cenvat credit, therefore, the CBEC Circular No.877/15/2008-CX dated 17.11.2008 clarifies that situation - as the supplier of the goods i.e. M/s. Tata Steels Ltd. has not claimed any refund of the excess duty paid by them, in that circumstance, the appellant has correctly taken the cenvat credit. With these observations, we do not find any merit in the impugned order. The same is set aside - Decided in favour of assessee.
|