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TMI Blog2021 (3) TMI 507X X X X Extracts X X X X X X X X Extracts X X X X ..... was submitted therefore, it cannot be said that the sale is on FOR basis - HELD THAT:- There is no dispute that original authority has gone through the document such as sale invoices, LR copies CA Certificate and allowed the credit considering the sale is on FOR basis. On careful perusal of the invoices, it is found that invoices clearly mentioned a condition that the sale is on FOR basis and risk ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 (Appeals) on the ground that no document such as sale contract was subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce 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 order. He further submits that the Hon'ble Supreme Court in the case of U ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 regard the judgment cited by Learned Authorized Representative on ULTRATE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circular issued subsequent to the Hon'ble Supreme Court in ULTRATECH CEMENT LTD. secondly, this tribunal is bound by the jurisdictional High Court judgment i.e. in the case of ULTRATECH CEMENT LTD AND SANGHI INDUSTRIES LTD. passed by the Hon'ble Gujarat High Court. Therefore, the judgment cited by Shri. Sanjiv Kinker, Learned superintendent (AR) appearing on behalf the revenue are clearly disting ..... X X X X Extracts X X X X X X X X Extracts X X X X
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