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M/s. ODC Logistics (P) Ltd. Versus Commr. of Service Tax- Kolkata

2015 (10) TMI 574 - CESTAT KOLKATA

Waiver of pre-deposit - GTA service – reverse charge - Appellant hires vehicles for transporting goods from the premises of consignors to that of the consignees and affirms the liability of service tax to be paid by the consignor or consignee of the .....

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in time to waive and recover stay during the pendency of the appeal – Partial stay granted. - S.P. No-. 774/2012 In Service Tax Appeal No. : 331/2012 - Order No : SO/75925/2015 - Dated:- 15-9-2015 - Dr. D.M. Misra, Judicial Member and Shri H.K. Thaku .....

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es, ₹ 92.80 Lakhs CENVAT Credit and penalty of ₹ 3.29 Crores imposed under Section 78 and ₹ 5,000/- under Section 77 of the Finance Act,1994. 2. At the outset, the Ld. Advocate Sri S. Choraria for the applicant submits that during t .....

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. The Department considering the said expenses as Goods Transport service confirmed the demand of Service tax under the category of GTA service. He submits that under the reverse charge mechanism, liability towards service tax on GTA Service is requi .....

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hat the demand has been confirmed on the ground that the input service providers viz. M/s. Sakkhi Trade Linc and M/s. Riddhi Siddhi Pvt. Ltd., their sub-contractors, who had provided the taxable service to them, were not in existence. He submits that .....

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stage, the Ld. Advocate makes an offer to deposit ₹ 5.00 Lakhs. 3. Ld. A.R. for the Revenue reiterated the findings of the Ld. Commissioner. 4. Prima facie, we find that the applicant had only procured trucks/vehicles in transferring/transporti .....

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