9911796707
TMI Blog2014 (2) TMI 1189X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent. ORDER All the appeals are being disposed of by a common order as the issue involved is the identical. The disputed issue involved is whether Cenvat credit of Service Tax can be taken for the outward freight for excisable goods delivered by the appellants at the premises of their buyer M/s. Mahindra and Mahindra. The period involved is November, 2009 to March, 2010. The contention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uyer. The seller had the option to bear the risk either by taking insurance policy or incurring loss on account of damages if any. How the risk is born is actually a matter of business decision and that cannot be a reason for denying the Cenvat credit. 2. After considering the submissions made by both the sides, I find that the issue is no more res integra and stands covered by the decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Goods Act, 1932, goods are sold with the ownership and risk and transfer takes place on the point of delivery of the goods to the buyers. In the case of FOR destination sales, the ownership and risk is transferred when the seller manufacturer delivers the goods to the buyer at his premises. As such, I find no reasons to deny the Cenvat credit of Service Tax paid on the transportation of goods. Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
