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2016 (12) TMI 779 - AT - Central ExciseCENVAT credit - whether it is justified in holding that C.B.E.C. issued a Circular No. 877/15/2008 dated 17-11-2008 wherein it has been clarified that when the credit or debit notes are issued duty paid on inputs does not change therefore, it will not affect the admissible Cenvat credit? - Held that: - I find that the issue is already settled through the case of Dixon Technologies (India) Pvt. Ltd. and Others Versus C.C.E., Noida [2016 (11) TMI 1214 - CESTAT ALLAHABAD], where it was held that any circular issued by C.B.E.C. is a clarification on the existing provisions of Rules and therefore it is applicable for the entire period for which such Rules and para materia Rules existed on statute - It is very clear from the above circular that when subsequently the supplier allows some trade discount or reduces the price, without reducing the duty paid by him, the duty paid is admissible as Cenvat Credit. It is undisputed that the duty paid by the input manufacturers remained unaltered in the present case even after issue of credit notes. Therefore, I allow the appeal and set aside the impugned Order-in-Original & Order-in-Appeal and hold that the appellant shall be entitled for consequential benefits, if any, in accordance with law - appeal allowed - decided in favor of appellant-assessee.
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