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M/s Bhushan Steels Ltd Versus Commissioner of Central Excise Ghaziabad

Reversal 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 val .....

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peal No. E/50875/2015-EX(DB) - Dated:- 27-7-2015 - Ashok Jindal, Member (J) And B. Ravichandran, Member (T) For the Appellant : Shri Rajesh Chibber, Adv For the Respondent : Shri Pramod Kumar, DR ORDER Per Ashok Jindal The appellant is in appeal against the impugned order demanding duty along with interest and penalty against the appellant for the period June, 2008 to December, 2013 on account of excess availment of cenvat credit. The facts of the case are that the appellant procure certain inpu .....

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credit of duty contained in discount. In these set of facts, a show cause notice was issued to the appellant for reversal of cenvat credit and consequently, demanding duty along with interest and imposing penalty, matter was adjudicated and demands were confirmed along with interest. Aggrieved from the said order, the appellant is before us. 2. Shri Rajesh Chibber, ld. Counsel appeared on behalf of the appellant and submits that M/s.Tata Steels Ltd. has paid the duty on the inputs procured by t .....

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Switchgear Ld. reported in 2008 (229) ELT 485 (SC) and in their own case by this Tribunal vide Final order No.A/51598/2015-EX(DB) dated 7.5.2015. He also took the support of the CBEC Circular No.877/15/2008-CX dated 17.11.2008. 3. On the other hand, ld. AR reiterating the findings of the impugned order. 4. Heard the parties. Considered the submissions. 5. In this case, the short issue is that whether the appellant is required to reverse the cenvat credit on account of discounts awarded to the a .....

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08-CX dated 17.11.2008 clarifies that situation, wherein it has been clarified as under:- "2. The issue has been examined. Since, the discount in such cases are given in respect of the value of inputs and not in respect of the duty paid by the supplier, the effect of reduction of value of inputs may be that the duty required to be paid on the inputs was less than what has been actually paid by the inputs manufacturer. However, the fact remains that the inputs manufacturer had paid the highe .....

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rice is reduced by way of discount or otherwise. However, if the duty paid is also reduced, along with the reduction in price, the reduced excise duty would only be available as credit. It may however be confirmed that the supplier, who has paid duty, has not filed/claimed the refund on account of reduction in price." 6. Further, we find that in the case of MDS Switchgear Ld. (supra) , the Hon'ble Apex Court has observed as under- "7. The Tribunal has come to the conclusion that in .....

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