https://www.taxtmi.com/caselaws?id=252839 A recipient of inputs cannot be denied CENVAT credit merely because the supplier's duty liability was later reworked by excluding freight and insurance from the assessable value. Where duty was actually paid into the treasury and the payment was not shown to be fictitious or collusive, the recipient's credit entitlement remains independent of the supplier's separate refund or reassessment dispute. Observations in the supplier's case on the recipient's position were treated as general and non-binding. On that basis, denial of credit and the related penalty were not sustainable, and the recipient was entitled to credit of the duty actually paid by the supplier. en-us Fri, 22 Aug 2014 00:00:00 +0530 Wed, 05 Nov 2014 11:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=252839 A recipient of inputs cannot be denied CENVAT credit merely because the supplier's duty liability was later reworked by excluding freight and insurance from the assessable value. Where duty was actually paid into the treasury and the payment was not shown to be fictitious or collusive, the recipient's credit entitlement remains independent of the supplier's separate refund or reassessment dispute. Observations in the supplier's case on the recipient's position were treated as general and non-binding. On that basis, denial of credit and the related penalty were not sustainable, and the recipient was entitled to credit of the duty actually paid by the supplier. Case-Laws Central Excise Fri, 22 Aug 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=252839