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2021 (3) TMI 507

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....RAMESH NAIR The issue involved is that whether the appellant is entitled for Cenvat Credit on Outward Transit Insurance in respect of Excisable Goods sold by them. The original authority after going through the document such as invoices, LR copies and CA certificates accepted that the sale is on FOR basis and accordingly Cenvat Credit was allowed. The revenue filed appeal before the Commissioner ....

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.... tribunal order No. A/13606/2017 dated 24.11.2017. He also placed reliance on the Tribunal in the case of ULTRATECH CEMENT LTD- 2007 (6) S.T.R. 364 (Tri.-Ahd.) & SANGHI INDUSTRIED LTD-2019 (369) ELT 1424(Tri-Ahmd) which has been upheld by the Hon'ble Gujarat High Court. 3. Shri. Sanjiv Kinker, Learned Superintendent (AR) appearing on behalf of the revenue reiterates the finding of the impugned or....

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....covered. It is also not the case of the department that outward transit insurance was paid by the consignee. In this case it is clear that the sale is on FOR basis and sale invoices itself is a kind of contract and no further contract is required to ascertain that whether the sale is on FOR basis or not. Therefore, there is no dispute that sale is on FOR basis and hence credit is admissible. As re....