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2016 (7) TMI 551 - CESTAT KOLKATA

2016 (7) TMI 551 - CESTAT KOLKATA - 2016 (339) E.L.T. 292 (Tri. - Kolkata) - Cenvat 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 o .....

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not be reduced on account of damages received by the Appellant from the supplier of capital goods. - E/5/2012 - FO/A/75350/2016 - Dated:- 4-5-2016 - Shri H.K.Thakur, Member (Technical) Sri A.K.Bhattacharya, Consultant for the appellant (s) Sri K.Choudhari, Supt.(AR) for the Revenue (s) ORDER This Appeal has been filed by the Appellant against Order-in-Appeal No.41/HAL/2011 dated 11.10.2011 passed by the Commissioner of Central Excise (Appeal-I), Kolkata under which Order-in-Original dated 17.09. .....

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capital goods as per the terms of the agreement. Ld. Consultant made the bench go through the relevant Article-3 of the agreement. 2.1 It is the case of the Appellant that damages paid to them had no bearing on the reduction of the assessable value of the capital goods supplied, therefore, entire Cenvat Credit taken by Appellant was admissible. He relied upon the case law of Bajaj Auto Ltd. vs. Commissioner of C.Ex. & Cus., Aurangabad [2010(251)E.L.T. 237 (Tri.-Mumbai)]. Ld. Consultant furth .....

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sides and perused the case records. The issue involved in the present Appeal is whether damage compensation given by the supplier of capital goods to the Appellant will disentitle them taking corresponding credit to the Appellant. In this regard Appellant has relied upon the case law of Bajaj Auto Ltd. vs. Commissioner of C.Ex. & Cus., Aurangabad (supra) where CESTAT, Mumbai has held that any subsequent reduction in the price of the inputs with retrospective effect will not bar recipient fro .....

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