9911796707
TMI Blog2012 (2) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... the dispute involved is whether a manufacturer can take cenvat credit on services used for outward transportation of goods from the factory to the buyers premises. The period involved is prior to 1st April, 2008 when definition of input services was amended to make it clear that outward transportation upto to the place of removal only will be admissible as credit. For the period prior to 10.4.08, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nbsp; i) The goods were not delivered to the purchaser at his door step; ii) The party (seller) did not bore the risk of loss of or damage to the goods during transit to the destination; iii) The freight charges were not an integrated part of the price of goods And these points have not been contested by the party at any stage during the proceedings. Hence it is now obvious that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot contested at earlier stages by the Appellant because Circular of CBEC and decision of High Court in the case of Ambuja Cements (supra) in the matter was not taken note of by the appellants and they did not have opportunity to adduce evidence. Now they are coming forward to submit the same. So I find it proper that this evidence should be examined and credit allowed if they are legally eligible. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
