TaxTMI 
TaxTMI 
2008 (2) TMI 189
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....eiving the same from suppliers is eligible for the same after discount has been given by supplier. 3. The supplier of the inputs gave certain amount of discount depending upon the quantity purchased by the appellant during a particular period. This trade discount was given by issuing credit notes for the basic price. Show cause notice was issued on the ground that the effect of the credit note was inputs was supplied at a higher price and ineligible Cenvat Credit is passed on and hence the Cenvat Credit is not admissible on the entire duty paid on the price initially invoiced. The adjudicating authority vide his order dated 31/10/2006 dropped the proceedings initiated by the above mentioned show ca....
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.... It is his submission that the credit note was issued only for the basic price and not for amount of duty. 6. Ld. JDR on the other hand submits that any credit note, which is issued is always for the price. It is his submission that the price includes excise duty paid on clearances of finished goods by the supplier. It is his submission that provisions of Section 4 read together would indicate the difference between price and value and submits that value is one thing and price is another. As such, the appellant in this case has availed the credit of duty, for which there was a credit note issued to him. As such, the order-in-appeal and is correct and does not require any interference. 7. Considered the submissions ....
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....er for demand of duty on the value, which has been sought to be reduced by credit note to the appellants. The entire case of the demand of duty and imposition of penalties would become irrelevant as the duty has been paid on the higher value when the goods were cleared and subsequently due to commercial arrangement between the appellants and the supplier the value/price of the goods initially cleared was reduced by issuance of a credit note. To my mind, seeking reversal of the Cenvat credit at the end of the appellant is nothing but reassessment of the goods, initially cleared from the supplier's end. I find that the Division Bench decision of the Tribunal in the ....