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2016 (4) TMI 934 - CALCUTTA HIGH COURT

2016 (4) TMI 934 - CALCUTTA HIGH COURT - TMI - Valuation - Whether freight component has been included in computing the service tax payable - Engaged in multi-modal transport operations - Avail of services from transporters including seafaring vessels - Held that:- prima facie, there appears to be some substance in the petitionerís assertion that the cost of freight which is charged from the clients by the petitioner and paid out to the transporters should be excluded in assessing the service ta .....

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ioner to pass a fresh order in accordance with law. - Appeal disposed of - WP No. 103 of 2016 - Dated:- 22-1-2016 - Sanjib Banerjee, J. For the Petitioner : Mr. Bharat Raichandani, Adv. Ms. Swapna Das, Adv For the Respondent : Mr. R Bharadwaj, Adv JUDGMENT The Court : The petitioner questions the propriety of an order in original of March 19, 2015 upon the Customs, Excise and Service Tax Appellate Tribunal, Eastern Zonal Bench rejecting an appeal therefrom on the failure of the petitioner to pay .....

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ce against the order in original is that the freight component has also been included in computing the service tax payable by the petitioner. The quantum of the demand exceeds ₹ 27 crore and the petitioner says that the appellate remedy is not efficacious since the petitioner has to deposit in excess of ₹ 2 crore under Section 35F of the said Act of 1944. Prima facie, there appears to be some substance in the petitioner s assertion that the cost of freight which is charged from the c .....

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