2013 (7) TMI 532

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....olved. 2. The appellant availed the Cenvat credit of duty PAID by the input supplier. Subsequently, the input supplier gave them the discount of 10% in respect of value of the inputs. Revenue's contention is that in as much as the input supplier has reduced the value of the goods, he was required to pay less duty and, as such, the input recipient that is the appellant, would be entitled to less Cenvat credit. 3. It is seen that during the course of appellate proceeding before Commissioner (Appeals), the appellant strongly relied upon various decision of the Tribunal as also on the Board Circular No. 877/15/2008-CX dated 17/11/2008, which clarified the same issue. However, the appellate authority has sidelined the said Circular and has....

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....rer. There are many judgments of Hon'ble Tribunal in this regard which have confirmed this view.    3. In view of above, it is clarified that in such cases, the entire amount of duty paid by the manufacturer, as shown in the invoice would be available as credit irrespective of the fact that subsequent to clearance of the goods, the price is reduced by way of discount or otherwise. However, if the duty paid is also reduced, along with the reduction in price, the reduced excise duty would only be available as credit. It may however be confirmed that the supplier, who has paid duty, has not filed/claimed the refund on account of reduction in price.    4. Trade and field formations may be suitably informed.?  &....