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2016 (7) TMI 551 - AT - Central ExciseCenvat Credit - Damage compensation given by the supplier of capital goods - whether dis-entitled to Appellant taking corresponding credit to the Appellant - Held that:- In view of CBEC vide Circular No.877/15/2008-CX dated 17.11.2008 any reduction in prices will not disentitle the recipient from taking full Cenvat Credit of duty shown in the invoices. In the present case it is not even the case of reduction in prices of the capital goods and the amount received by the Appellant represents compensation given by the supplier of the capital goods for delay in commissioning of the project. There is no evidence on record that the supplier of the capital goods obtained any refund with respect to the duty paid on capital goods, indicated in the invoices, on which Cenvat Credit is taken. In the light of case law relied upon by the Appellant and CBEC Circular dated 17.11.2008 Cenvat Credit availed by the Appellant cannot be reduced on account of damages received by the Appellant from the supplier of capital goods.
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