2006 (7) TMI 55

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....assed by the Commissioner of Customs & Central Excise (Appeals-II), Hyderabad. 2.The appellants procured certain inputs from M/s. Sterlite Industries (1) Ltd.(hereinafter referred to as 'SIL as short) under invoices on payment of duty During the period from 11/2002 to 12/2003 the appellants availed Cenvat Credit of duty paid by SIL as per Rule 3 of Cenvat Credit Rules, 2001 and 2002. After ab....

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....iscount even when the main company did not claim any refund on such discount granted. The Commissioner (Appeals) held that confirming the demand without verifying facts is neither proper nor justifiable. Therefore, he remanded the case. The appellants are aggrieved over the decision of the Commissioner (Appeals). 3. Shri T. Ramesh, learned Advocate appeared for the appellants pointed out that in ....

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....s of invoices which indicated the actual duty paid by the suppliers. If at a later stage the appellants) received certain discounts, the Department cannot compel them to reverse the credit on account of the reduction in price. If on investigation it is found that the supplier of inputs had obtained refund then it is open to the department to take action against the appellants for reversal of the e....