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2016 (9) TMI 941 - CESTAT NEW DELHI

2016 (9) TMI 941 - CESTAT NEW DELHI - TMI - Classification - whether loading unloading (chute and manually), breaking of boulders and transportation of lead-zinc ore and spillage from different adits and dumps of Zawarmala and Barol Mines to specified site / mill crusher stockpile, transportation of waste rocks from cute of old crusher / Balaria Chute / Mochia chute to Baroj tailing dam would come under the category of transportation of goods as per appellant or under cargo handling services as .....

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iable to pay any service tax under the said category. Therefore, by following the same, the impugned order is set aside. - Decided in favour of appellant with consequential relief - Service Tax Appeal No. 195 of 2009 - Final Order No. 53164/2016 - Dated:- 23-8-2016 - Ms Archana Wadhwa, Member (Judicial) and Mr. V Padmanabhan, Member (Technical) Shri Rachit Jain, Advocate for the Appellants Shri Ranjan Khanna and Shri Amreesh Jain, ARs for the Respondent ORDER A very short issue involved in the p .....

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ing the said services as transportation of the goods, the recipient of services was discharging the service tax liability on reverse charge basis. However, Revenue entertained a view that the said services would be classifiable under the category of cargo handling services. They accordingly raised demand of duty to the extent of ₹ 50,68,368/- for the period July, 2004 to March, 2007 by raising a show cause notice on 4.2.2008. The same was contested by the appellant during adjudication befo .....

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