2010 (8) TMI 894

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....egi, SDR, for the Respondent. ORDER The appellants are engaged in manufacture of Polyester Texturised Yarn (PTY) and availed the benefit of Modvat Credit of duty paid on the raw material Polyester Oriented Yarn (POY). They received the raw materials from one M/s J.B.F. Industries Ltd. and availed Cenvat Credit on the basis of duty paying documents i.e. invoices issued by the input supplier a....

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....e contesting the show cause notice, the appellant took a stand that the Cenvat Credit availed by them on the basis of invoices issued by input supplier is not to be denied to them, inasmuch as duty has been paid by the input supplier, who had not claimed any refund on account of subsequent difference in the price. He also submitted that the credit was debited, as pointed out by the audit and they ....

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....ty of reversal of Cenvat Credit is not examined. He also observed that the appellant did not show that sufficient Cenvat Credit was available in the books of accounts for payment of duty without having availed ineligible extra credit. 6. After hearing both sides, I find that the above observation made by the Commissioner (Appeals) is factually incorrect. The appellants, even in their reply....

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....d that the input supplier has not claimed any refund of the duty paid by him. As such, the subsequent reducing of the value of the input supplied by the input supplier, without having any effect on the duty paid by him, cannot be made the basis for denying the credit to the present appellant. The credit of the duty paid by the input supplier, having been taken by the appellant, cannot be held to b....