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TMI Blog2015 (8) TMI 304X X X X Extracts X X X X X X X X Extracts X X X X ..... sentative Per : Mr. H.K. Thakur; This appeal has been filed by the appellant with respect to OIA No. VAP-EXCUS-000-APP-586-13-14 dated 14.03.2014. Under this OIA, the first appellate authority has confirmed the demand of Rs. 3,02,401/- alongwith interest and imposition of penalty. However, demand of Rs. 43,926/- with respect to duty demand on debit notes was set-aside by the first appellate auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was the case of the appellant that once freight was not paid by them, then they were not liable to pay any service tax on GTA services on reverse charge basis. Learned Advocate also argued that on realisation of factual details, revised balance sheets were reconstructed and submitted to the lower authorities. That as per the findings of the adjudicating authority the information submitted by the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven if the payments were not directly made to the transporters. 4. Heard both sides and perused the case records. The appellant produced the sample invoices under which the materials have been supplied to the appellant. The sample invoices indicate that freight amount is recovered from the appellant. It has been observed by the appellate authority that once the goods are supplied on FOR destinati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the adjudicating authority with direction to provide a copy of the report dated 24.10.2013 to the appellant and decide the case afresh in remand proceedings, after giving an opportunity of personal hearing to the appellant. The appellant should produce all the documentary evidence required to be establish that the freight is not paid by them to the transporters. It is made clear that all the is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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