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Bharat Hotels Limited Versus The Commissioner Central Excise, Customs And Service Tax

2015 (10) TMI 788 - DELHI HIGH COURT

Pre-deposit - Refusal to give credit for Service Tax already deposited - classification - Service provided by Petitioner is “Transportation of Passengers by Air Services” - Department contends that Petitioner provides services of “Supply of Tangible .....

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ive the petitioner credit for the service tax amount – petitioner need not deposit 7.5% in the category of “Supply of Tangible Goods for use” and that its appeal shall not be rejected by the Tribunal on the ground that the petitioner has not deposite .....

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nsel for the petitioner submits that the service provided by them is Transportation of Passengers by Air Services . However, the department insists that the service provided by the petitioner falls in the category of Supply of Tangible Goods for use .....

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has remitted an amount of ₹ 1,04,96,924/- as service tax under the category of Transportation of Passengers by Air Services . The Tribunal has refused to give credit to the petitioner for this deposit under the provisions of Section 35 of the .....

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