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TMI Blog‘Place of Removal’ under Section 4 of the Central Excise Act, 1944, the CENVAT Credit Rules, 2004 and the CENVAT Credit Rules, 2017 - reg.X X X X Extracts X X X X X X X X Extracts X X X X ..... redit Rules, 2004 and the CENVAT Credit Rules, 2017 - reg. Madam/Sir, Attention is invited to Boards circular no. 97/8/2007-CX dated 23.08.2007 , 988/12/2014-CX dated 20.10.2014 and 999/6/2015-CX dated 28.02.2015. Attention is also invited to the judgment of Hon ble Supreme Court in the case of CCE vs M/s Roofit Industries Ltd 2015(319) ELT 221(SC), CCE vs Ispat Industries Ltd 2015(324) ELT670 (SC) , CCE, Mumbai-III vs Emco Ltd 2015(322) ELT 394(SC) and CCE ST vs. Ultra Tech Cement Ltd dated 1.2.2018 in Civil Appeal No. 11261 of 2016 . In this regard, references have been received from field formations seeking clarification on implementation of aforesaid circulars of the Board in view of judgments of Hon ble Supreme Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufacturer and not to the buyer of excisable goods. The depot or the premises of the consignment agent of the manufacturer are obviously places which are referable to the manufacturer. Even the expression any other place of premises refers only to a manufacturer s place or premises because such place or premises is to be stated to be where excisable goods are to be sold . These are key words of the sub-section. The place or premises from where excisable goods are to be sold can only be manufacturer s premises or premises referable to the manufacturer. If we were to accept contention of the revenue, then these words will have to be substituted by the words have been sold which would then possibly have reference to buyer s premises. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ansport of goods from the place of removal to buyer s premises was not admissible for the relevant period. The Apex Court has observed that after amendment of in the definition of input service under Rule 2(l) of the CENVAT Credit Rules, 2004, effective from 01.03.2008, the service is treated as input service only up to the place of removal . 6. Facts to be verified: This circular only bring to the notice of the field the various judgments of Hon ble Supreme Court which may be referred for further guidance in individual cases based on facts and circumstances of each of the case. Past cases should accordingly be decided. 7. No extended period : Any new show cause notice issued on the basis of this circular should not invoke e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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