1997 (4) TMI 167

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....ate, for the Respondents. [Order per : G.R. Sharma, Member (T)]. -  By the captioned appeal the Ld. Commissioner of Central Excise has assailed the order of the Ld. Collector (Appeals). The Ld. Collector (Appeals) in his order had held that Rule 57E provides that the credit allowed should be varied by adjustment in RG 23 if the duty paid on any inputs in respect of which credit has been....

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.... reduce the quantum of duty also, therefore, the appellants should not be allowed credit of duty on that part of the assessable value for which debit notes have been issued. The appellants submitted that they had paid higher duty in accordance with the duty paying documents and had taken credit on that account only. It was also contended before lower authorities that since no refund of duty has be....

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....e is decreased the duty also gets decreased and since the admissible value of the goods on which Modvat credit has been taken is reduced the respondents herein will not be entitled to take credit of duty attributable to the decreased assessable value of PVC compound. He submits that in this view of the matter the Assistant Collector rightly confirmed the demand and prays that the impugned order ma....

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....e also note that variation of duty taken as credit is covered by the provisions of Rule 57E. Variations of a credit depends on the variation of duty in respect of duty paid by the manufacturers of the inputs. In the instant case no duty debit notes were issued by the manufacturer on the final products nor issue of these debit notes have affected the quantum of duty already paid by the manufacturer....