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2016 (4) TMI 779 - CESTAT NEW DELHI

2016 (4) TMI 779 - CESTAT NEW DELHI - TMI - Waiver of pre-deposit - Crushing of iron ore for various customers in terms of contracts - Held that:- the applicant is prima facie having a strong case against the impugned order. The ground loss as fixed in the contract is with reference to the crushing charges which is also part of the contract. No indication found in the terms of the contract or in the impugned order to suggest that the rate of crushing charges fixed are linked or influenced by the .....

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f 2014 - Stay Order No. 50389/2016 - Dated:- 11-4-2016 - MS. ARCHANA WADHWA, MEMBER (JUDICIAL) AND SHRI B. RAVICHANDRAN, MEMBER (TECHNICAL) For the Petitioner : Shri Krishnamohan K. Menon, Advocate For the Respondent : Shri Ranjan Khanna, Authorized Representative (DR) ORDER PER. B. RAVICHANDRAN :- The applicant is before us praying for waiver of pre-deposit of service tax of ₹ 75,98,749/- confirmed by the impugned order dated 13/3/2014 alongwith penalty of equivalent amount and additional .....

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here they have to pick up the ore. The dispute in the present case revolves around the includability of the value of iron ore fines (self-generated) arising in the course of crushing the lumps in the gross value for service tax. The case of the Revenue is that since these fines are shown as recovered loss (recovery made due to loss being less than 3%) the value towards the same is to be added as a consideration for the service rendered by the applicant. Reliance was placed on the provision of Se .....

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