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The Commissioner Of Customs & Central ... vs M/S. Ultratech Cements Ltd on 8 October, 2012

From the above judgment it is thus clear that till the goods are handed over to the buyer, the cost is borne by the assessee or in other words where the goods are cleared on FOR basis the freight paid on outward transportation would qualify as "Input Service". As regard reliance placed upon by the revenue on the judgment of the Apex Court in case of Ultratech supra, we find that the Hon'ble Supreme Court was concerned only with the "place of removal" but did not go into the aspect of "Point of sale" or the FOR price destination issue. Hence the said judgment is not applicable in the facts of the present case.
Custom, Excise & Service Tax Tribunal Cites 5 - Cited by 255 - Full Document
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