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2015 (10) TMI 2216 - AT - Service TaxStorage and warehousing services - nature of amount collected from auction of goods where importer failed to take the delivery - The balance amount is kept back with the appellant and is returned to the importer if he approaches the appellant. Till the importer claims the balance amount the amount is shown as income in the balance sheet. It is a case of the revenue that service tax liability arises on this amount. - Held that:- Tribunal in the case of Mysore Sales International Ltd. [2010 (12) TMI 453 - CESTAT, BANGALORE], India Gateway Terminal Pvt. Ltd. - [2010 (6) TMI 464 - CESTAT, BANGALORE] had held that Boards Circular No. 11/1/2002 TRU dated 1/8/2002 will be applicable and no service tax liability arises on such amount which remains balance with the assessee. This ratio is followed by this Bench in the case of Maersk India Pvt. Ltd.,- [2012 (11) TMI 612 - Cestat, Mumbai]. We find that the facts of the case in hand are similar to the facts in the cases where this Tribunal has taken a view in favour of the appellant. - Decision of High Court of Delhi in the case of Associated Container Terminals Ltd - [2007 (11) TMI 247 - HIGH COURT OF DELHI] distinguished - Impugned order is set aside - Decided in favour of assessee.
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