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2015 (9) TMI 533 - CESTAT CHENNAI

2015 (9) TMI 533 - CESTAT CHENNAI - TMI - Valuation - reimbursement of expenses - Clearing & Forwarding services - appellants have claimed deductions towards reimbursable charges under the head "VSAT Allowances & Delivery Charges" - Held that:- appellants have entered into a contract agreement with Castrol India Ltd. which covers entire functions of clearing and forwarding of the appellant. Therefore, service tax is demandable on the gross amount and the same cannot be vivisected. - LAA has righ .....

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er was listed on 18.5.2015 before SM and got adjourned to 25.5.2015. On 25.5.2015, the matter was again transferred to DB, the issue involved being taxability. When the matter was listed before DB on 1.6.2015, Shri Joseph Prabhakar, Advocate on record informed there was no instructions from the client and notice of dismissal of appeal was issued. Again the matter was listed on 9.7.2005 and 28.7.2005 wherein it was informed that since there was no instruction, Advocate withdrew from appearing in .....

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service tax of ₹ 41,244/- being service tax payable under C&F charges. Adjudicating authority in his order confirmed the demand of ₹ 41,244/- and also appropriated the amount of ₹ 21,363/- already paid by them and also imposed penalty under section 75A, 76 and 77 and equivalent penalty under section 78 of the Finance Act. On appeal, the Commissioner (Appeals) rejected the appeal. Hence the present appeal. 3. Ld. A.R reiterated the findings of the adjudication order and Com .....

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