9911796707
TMI Blog2013 (12) TMI 1331X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant M/s. Poompuhar Shipping Corporation. Ltd., Tuticorin, (PSCL) is an undertaking fully owned by Government of Tamilnadu. M/s. PSCL are engaged in transportation of coal by sea from different ports and discharging it at Tuticorin Port for use of TNEB in their thermal plant near the port. The issue in dispute in this appeal, is with respect to the service tax payable on the service of unloadin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during the period Oct.'05 to Sept.'10 was issued. After adjudication and an amount of Rs.5,78,92,139/- stands confirmed against the applicant along interest and penalties. 2. Aggrieved by the order, the applicant has filed an appeal before the Tribunal along with an application for waiver of pre-deposit, for admission of appeal. 3. The learned advocate for the applicant submits that in the first ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2010. 4. She further submits that the demand has been confirmed by invoking Rule 5 of Service Tax (Determination of Value) Rules, 2006 and this rule has been struck down by the Delhi High Court in the case of Intercontinental Consultants & Technocrats Pvt. Ltd. Vs Union of India reported in 2013 (29) S.T.R.9 (Del.) . Further, she submits that the entire matter was known to the Revenue through va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed authorized representative for the Revenue invites the attention of the Bench to para 3 of the Order-in-Original. As per this paragraph, they were taking credit on service tax paid on "Port Services", but they were not including the value of the input services in the value of their output services, which is not correct at all. He submits that credit of around Rs.61 lakhs taken has been utilized ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich can be very easily complied with because according to her own submission they have credit of Rs.5,74,12,309/- as input service credit. The principle is accepted by the impugned order though quantum is not verified. If there is any dispute in the figure, this can be reviewed at the time of reporting compliance. 8. Upon deposit of the entire amount of service tax of Rs.5,78,92,139/- within a p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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