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Lcl Logistix India Pvt. Ltd. Versus Union of India

2016 (9) TMI 1179 - CALCUTTA HIGH COURT

Failure to comply with condition of pre-deposit - Computation of service tax liability - includability/excludability - cost of freight charged from the clients and paid out to the transporters - Held that:- prima facie, there appears to be some subst .....

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he petitioner on account of service tax, the order impugned dated March 19, 2015 passed by the Commissioner of Service Tax (II) is set aside and the Commissioner is requested to look into such aspect of the matter on the basis of the papers that may .....

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ess of ₹ 2 crores under Section 35F of the said Act of 1944 - Held that:- in the event the fresh order finds the petitioner liable to any sum in excess of ₹ 20 crores, the petitioner will be liable to pay costs assessed at ₹ 50,000/ .....

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dvocates, for the Appellant. Shri R. Bharadwaj, Advocate, for the Respondent. ORDER 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 Zona .....

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says that in course of rendering the services to the petitioner s clients, the petitioner is required to avail of services from transporters including sea-faring vessels. 3. According to the petitioner, the price charged by the petitioner from .....

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the demand exceeds ₹ 27 crores and the petitioner says that the appellate remedy is not efficacious since the petitioner has to deposit in excess of ₹ 2 crores under Section 35F of the said Act of 1944. 4. Prima facie, there appears .....

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dered by the concerned officer while assessing the service tax due. 5. Accordingly, and without pronouncing finally on the merits or seeking to calculate the amount actually payable by the petitioner on account of service tax, the order impugned .....

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