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2015 (10) TMI 788 - DELHI HIGH COURT

2015 (10) TMI 788 - DELHI HIGH COURT - 2015 (40) S.T.R. 174 (Del.) - 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 Goods for use” - Tribunal refused to give credit for the deposit made under Section 35 of the Central Excise Act, 1944 on the ground of submissions made under different category – H .....

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h Khanna, Advocates. For the Respondent : None. ORDER The learned counsel 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 . He further submits that whether the petitioner is right or the department is right is a matter which has to be decided and is pending adjudication. The fact of the matter is that .....

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