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2018 (5) TMI 1454 - AT - Central ExciseCENVAT credit - input services - outward transportation during the period April, 2011 to March, 2016 - Board vide Circular No. 97/8/2007-ST dated 23.8.2007 - Held that: - during the relevant period, there was a clarification of Board vide Circular No. 97/8/2007-ST dated 23.8.2007, according to which the credit on outward transportation was allowed, subject to conditions imposed - As per the facts of the present case, the sale is undisputedly on FOR basis as transportation charges is included in the assessable value of the goods, which is seen from the purchase order. Since it is on FOR basis the risk upto the place of removal was borne by the purchaser. Therefore, looking all the three criteria required by Board, the place of removal is at buyer’s place. Therefore, in terms of the circular, appellant was very much entitled for the CENVAT Credit. Penalty u/s 11AC - Held that: - since appellant did not have any mala fide intention, penalty imposed under Section 11AC is also not sustainable. There is no dispute raised either by the assessee or by the Revenue. Therefore, once the assessment attained finality, no benefit can be taken from the final assessed position of the final product for the purpose of adjustment of separate credit taken on outward transportation. Appeal allowed in part.
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