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2014 (10) TMI 313

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..... eal and stay petition are directed against Order-in-Appeal No. 289 dated 22/07/2013 passed by the Commissioner of Central Excise & Service Tax (Appeals-IV), Mumbai - I. 2. Vide the impugned order the learned lower appellate authority has confirmed service tax demand of Rs. 1,96,759/- along with interest thereon in respect of 'Business Support Service' rendered by the appellant to the postal d .....

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..... 9 (Ker.) where in the context of franchisee services rendered to a courier agency, it was held that when the service tax liability was discharged by the courier agency on the consideration received there is no separate tax liability on the franchisee in respect of the courier services provided by him to the courier agency. 4. The learned Additional Commissioner (AR) appearing for the Revenue, on .....

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..... t whosoever is rendering a taxable service is liable to discharge service tax liability on the consideration received. If the service received is an input service for the recipient of the service, he can avail CENVAT credit of the service tax paid on the input service. The availability of CENVAT credit on the input service does not obliterate or negate liability to pay service tax on the input ser .....

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..... nd confirmed within a period of eight weeks and report compliance by 7th October 2014. On such compliance, pre-deposit of the balance of dues adjudged against the appellant shall stand waived and recovery thereof stayed during the pendency of the appeal. 6. Since the Revenue's appeal listed for final hearing has to be considered along with the appeal of the appellant, both the appeals be tagg .....

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