TMI Blog2016 (10) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... on removal of goods, is justified? - Held that: - Section 4(c)(iii) of the Central Excise Act, 1944 defines place of removal as "a depot, premises of a consignment agent or any other place or premises from where the excisable goods are to be sold after their clearance from the factory". The premises of the consignment agents are covered in place of removal. The appellant correctly taken cenvat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view that as the service of Commission Agent received by the appellant is beyond the factory gate, therefore, commission paid to consignment agents is not eligible for the cenvat credit to them. Moreover, the Ld. Commissioner (A) relied on the decision in the case of Cadila Health care Ltd. 2013 (30) STR 3(Guj) to say that commission agent is in located beyond the place of removal of the good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dered the submissions as per Section 4(c)(iii) of the Central Excise Act, 1944, which is reproduced here as under: (iii) a depot, premises of a consignment agent or any other place or premises from where the excisable goods are to be sold after their clearance from the factory. 5. On careful consideration of the above provisions, the premises of the consignment agents are covered in place o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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