TMI Blog2017 (10) TMI 1103X X X X Extracts X X X X X X X X Extracts X X X X ..... This is a frivolous appeal filed by Revenue - appeal dismissed - decided against Revenue. - E/63/2009-EX[DB] - A/71170/2017-SM[BR] - Dated:- 13-2-2017 - Mr. Anil Choudhary, Member (Judicial) Shri D. K. Deb, Assistant Commissioner, (AR), for Appellant Shri R. Krishnan, Advocate, for Respondent ORDER Per: Anil Choudhary The issue in this appeal by Revenue is, whether under the admitted fact that after making purchases of inputs, the respondent-assessee will be benefitted to full credit after issue of credit notes/debit notes, resulting in reduction of the transaction value only and whether such reduction in transaction value alters the tax liability and or duty liability automatically under the provisions of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... holding that the issue is covered by ruling of this Tribunal in the case of Balaji Industries Versus Commissioner of Central Excise, Pondicherry, 2008 (228) E.L.T. 37 wherein under similar facts and circumstances of the case, Cenvat credit was taken for the full amount as shown in the invoices covering the inputs received, whereas the transaction value only was subsequently reduced and the credit with respect to duty corresponding to value, in excess of reduced value, was assailed and disallowed with penalty. This Tribunal allowed the appeal and set aside the impugned order holding that the settled law on the point is that Modvat/Cenvat credit of duty paid by the input manufacturer/supplier, evidenced by the relevant invoices, is admis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder-in-Appeal. 5. Upon hearing the parties and considering the rival contentions, I find that this ground of Revenue has got no sanctity in law as there is no such provision in the scheme of the Central Excise Act and the Rules thereunder that on subsequent alteration of transaction value, there results an automatic adjustment in the duty payable. Upon being asked if there is any provision in the Act and Rules, the ld. A. R. was unable to point out any such provision in the Act and Rules. Accordingly, I hold that this is a frivolous appeal filed by Revenue. Accordingly, the appeal filed by Revenue is dismissed. The respondent shall be entitled to consequential relief, if any, in accordance with law. (Dictated and pronounced in Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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