TMI Blog2014 (5) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... cargo terminals, they gave such rights to another party on upfront payment of an amount, which has been considered by the revenue as one time payment received by the appellant as rent for land lease. In our view, the definition of the Port Services which was amended in 2010 under the category of Port services needs to be appreciated in detail vis-a-vis the clauses of contract - Matter is arguable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso take us through the various clauses of agreement and submit that the appellant herein is not liable to discharge any Service Tax as they had only transferred the right of concession to another person. He would submit that the activity of transferring of right of concession can at the most for argument sake can be covered by the definition of renting of immovable property services and in any ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he amendment to the definition of Port Service. It seems that the appellant had entered into contract with GMB for Built, Operate, Transfer and Maintain project in respect of Hazira port. The appellant herein had constructed one of the contracted projects, of the said port, but for the construction of bulk/general cargo terminals, they gave such rights to another party on upfront payment of an amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acie, appellant has arguable case, in view of this we find that the appellant should be put to some condition for hearing and disposing of the appeal. Accordingly, we direct the appellant to deposit an amount of Rs 25 lacs within a period of 8 weeks and report compliance on 13.5.2014 to the Dy Registrar, CESTAT, Ahmedabad. Dy Registrar shall ascertain compliance and place the file before the Bench ..... X X X X Extracts X X X X X X X X Extracts X X X X
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