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2016 (12) TMI 1225 - AT - Central ExciseCENVAT credit - authenticity of CBEC Circular No. 97 (8)/2007-ST DATED 23/08/2007 - whether appellant will be eligible to CENVAT Credit on transportation services from the factory to the point of delivery of the customers? - Held that: - Jurisdictional Kolkata High Court in the case of CCE, Kolkata Vs. Vesuvious India Ltd. [2013 (12) TMI 1025 - CALCUTTA HIGH COURT] has upheld the authenticity of CBEC Circular No. 97 (8)/2007-ST DATED 23/08/2007. It is observed from para 8.2 of the said circular dated 23/8/2007 that one of the conditions for availing such credit is that seller has to bear the risk of loss or damage to the goods during transit - as per contract appellant is not responsible for any damage during transit and unloading of goods. The conditions prescribed by CBEC for availing CENVAT credit on transportation services beyond the factory are not satisfied - the contract between appellant and the customers is not on FOR destination basis - credit not allowed - appeal disposed off - decided in favor of Revenue.
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