TMI Blog2016 (11) TMI 1214X X X X Extracts X X X X X X X X Extracts X X X X ..... nt case even after issue of credit notes. The circular squarely covers the issue involved. Appeal allowed. - Appeal No. Ex. Appeal Nos. E/3267, 3269, 3270, 3271, 3272, 3273, 3274, 3275/2007-EX[DB] & Appeal Nos. E/161,162,212, 248/2008-EX[DB] - Final Order No. 70772-70783/2016 - Dated:- 16-8-2016 - MR. ANIL CHOUDHARY, MEMBER (JUDICIAL) AND MR. ANIL G. SHAKKARWAR, MEMBER (TECHNICAL) Shri V.R. Reddy (Asstt. Commr.), (A.R.) for the Department Final Order No. 70772-70783/2016 Per Mr. Anil G. Shakkarwar : These are twelve appeals where the investigations were carried out together and a combined Show Cause Notice details of which shall be available in subsequent paragraphs was issued. 2. Brief facts of the case are that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Ltd. and Sri S. Raghvan. The said show cause notice was adjudicated through the impugned Order-in-Original No. 39/Commr./Noida/07 dated 18.10.2007. The appellant before the Original Authority has pleaded that there are large number of judgments in which it has been consistently held that an error in the assessment at the end of the manufacturer or suppliers of goods will not effect the availability of credit to the receiver and that since the credit was admissible, the question of interest, penalty and penalty on co-noticees did not arise. The Original Authority has held that the case laws relied upon by the appellant were not squarely applicable in the present case inasmuch as in none of those decisions issue of impact of credit notes on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as clarified by the said circular dated 17/11/2008 and prayed to allow the appeals. 5. The learned D.R. for the Revenue has argued that the circular is of date 17/11/2008 and there is no mention in the circular that it has got retrospective effect and the impugned order is dated 18/10/2007. 6. We have taken into consideration the rival submissions. We hold that any circular issued by C.B.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. Therefore, we do not find any strength in the argument of the learned D.R The copy of the said circular is reproduced hereunder:- Clarification regarding reversal of Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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