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2015 (12) TMI 677 - CESTAT BANGALORE

2015 (12) TMI 677 - CESTAT BANGALORE - TMI - Waiver of pre deposit - Cargo handling service - Held that:- Appellant should at least deposit the collected amount. The Hon'ble Rajasthan High Court's decision [2015 (6) TMI 110 - RAJASTHAN HIGH COURT] referred to by the learned advocate does not declare the law that in all the stay petitions filed prior to 06/08/2014, the direction to deposit should be limited to 10% of the confirmed demand of tax. The Hon'ble High Court only took note of the amende .....

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ith proportionate interest with the Revenue - Partial stay granted. - ST/Stay/21664/2014, ST/21493/2014-DB - Dated:- 1-6-2015 - Archana Wadhwa, Member (J) And B S V Murthy, Member (T), JJ. For the Appellant : Mr B G Chidanand, Adv For the Respondent : Mr Mohd Yusuf, Addl. Commissioner (AR) ORDER Per: Archana Wadhwa: Service tax to the extent of ₹ 1,41,45,378/- stands confirmed against the appellant under the category of cargo handling service for the period April 2009 to June 2011 by raisi .....

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re through conveyors into the Concentrate Storage Shed and transportation of unloaded iron ore from the Railway Marshalling yard to KIOCL, stockyard/storage shed using tippers. etc. They were not paying service tax on any of these activities during the period involved in the present appeal. He submits that the said two activities are different activities and cannot be clubbed together so as to fix the appellant's liability under the category of cargo handling service. He also assails the dem .....

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