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TMI Blog2009 (11) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... , slabs and tiles and also cleared few of their finished products to other 100 per cent EOUs, filed refund claim for unutilized CENVAT credit of input services in terms of Notification No. 5/2006-CE, dated 14-3-2006, under the provisions of rule 5 of CENVAT Credit Rules, 2004. The period covered by the refund claims was 1-1-2007 to 31-3-2007 and 1-4-2007 to 30-6-2007. Claim for refund of Rs. 1,04, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit of input services in terms of Notification No. 5/2006-CE, dated 14-3-2006, under the provisions of rule 5 of CENVAT Credit Rules, 2004. The period covered by the refund claims was 1-1-2007 to 31-3-2007 and 1-4-2007 to 30-6-2007. Refund claimed for the first period was Rs. 3,75,978 and the refund claimed during the second period was Rs. 1,16,386. Claim for refund of Rs. 1,04,678 was rejecte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edit of service tax paid up to port in the light of CBEC's Circular No. 97/8/2007-ST, dated 23-8-2007, the relevant portion of which is reproduced hereunder:— "8.2 . . . However, there may be situations where the manufacturer/consignor may claim that the sale has taken place at the destination point because in terms of the sale contract/agreement (i) the ownership of the goods and the property t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of India [2009] 20 STT 182 that the above circular is binding on the department. The assessees satisfied all the conditions set out in the circular since the price of the goods exported was on FOB basis and therefore the ownership of the goods exported remained with the assessees up to the port of shipment and they also bore the risk of the goods up to the port of shipment. Further, the freigh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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