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    <title>2008 (1) TMI 900 - CESTAT CHENNAI</title>
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    <description>Input tax credit on GTA, CHA and wharfage services used for moving goods from the factory to the port and clearing them at the port was examined against the Board&#039;s clarification and the competing view that outward transport after factory clearance was not a Cenvatable service. The assessee&#039;s reliance on the port as the place of removal was found not to be prima facie rebutted at that stage, and the Revenue&#039;s cited Tribunal ruling had lost finality because the matter was pending before the High Court and a Larger Bench. On that basis, a prima facie case for interim relief was made out, and waiver of pre-deposit with stay of recovery was granted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=180970</link>
      <description>Input tax credit on GTA, CHA and wharfage services used for moving goods from the factory to the port and clearing them at the port was examined against the Board&#039;s clarification and the competing view that outward transport after factory clearance was not a Cenvatable service. The assessee&#039;s reliance on the port as the place of removal was found not to be prima facie rebutted at that stage, and the Revenue&#039;s cited Tribunal ruling had lost finality because the matter was pending before the High Court and a Larger Bench. On that basis, a prima facie case for interim relief was made out, and waiver of pre-deposit with stay of recovery was granted.</description>
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