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2015 (10) TMI 2216 - CESTAT MUMBAI

2015 (10) TMI 2216 - CESTAT MUMBAI - TMI - Storage and warehousing services - nature of amount collected from auction of goods where importer failed to take the delivery - The balance amount is kept back with the appellant and is returned to the importer if he approaches the appellant. Till the importer claims the balance amount the amount is shown as income in the balance sheet. It is a case of the revenue that service tax liability arises on this amount. - Held that:- Tribunal in the case of M .....

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r to the facts in the cases where this Tribunal has taken a view in favour of the appellant. - Decision of High Court of Delhi in the case of Associated Container Terminals Ltd - [2007 (11) TMI 247 - HIGH COURT OF DELHI] distinguished - Impugned order is set aside - Decided in favour of assessee. - Application No.ST/EH/92434/15,Application No.ST/EH/92833/15,Appeal No.ST/190/10,Appeal No.ST/191/10,Appeal No.ST/176/10 - Dated:- 8-7-2015 - Mr. M.V. Ravindran, Member (Judicial) and Mr. Raju, Member .....

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shown as income in the balance sheet of the appellant. Appellant herein is registered with the Department under the category of cargo handling, storage and warehousing services, business support services, and goods transport agency services.The appellant herein is permitted to store the imported goods in the bonded warehouse and after complying with necessary Customs formalities and payment of various dues, duties and other charges, the importers are given delivery of imported goods by the appe .....

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