TMI Blog2017 (11) TMI 869X X X X Extracts X X X X X X X X Extracts X X X X ..... Larger Bench decision in the case of SILVASA MACHINES Versus COMMISSIONER OF CENTRAL EXCISE, VAPI [2012 (11) TMI 772 - CESTAT, AHMEDABAD], where it was held that amount of Cenvat credit taken by the assessee, of the duty paid on the invoice value as shown in the invoice can be considered as correct assessable value and duty liability to be discharged - appeal allowed - decided in favor of appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recomputed value of the inputs as per the provisions of Section 4(1)(b) of the Central Excise Act, 1944 and discharged appropriate duty. The said section was contested by the appellant before the adjudicating authority. The adjudicating authority after following due process of law, dropped the demands raised on appellants for the period 01.08.2001 to 28.02.2003. 3. Ld. Counsel submits that simi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... records, we find that the issue is no more res integra as is covered by the ratio of the Larger Bench decision in the case of Eicher Tractors (supra) and the decision of Silvasa Machines (supra). The ratio of the Division Bench is reproduced: 8. We find that the issue involved in this case is now res integra in as much as the Larger Bench of the Tribunal in the case of Eicher Tracto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rns, without any processing. Larger Bench decision will squarely cover the issue in this case. 6. In view of the foregoing, as the issue stands settled, we find that the impugned order is unsustainable and liable to be set aside and we do so. 7. The impugned order is set aside and the appeal is allowed. (Order dictated pronounced in open court) - - TaxTMI - TMITax - Central Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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