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2016 (9) TMI 1179 - CALCUTTA HIGH COURT

2016 (9) TMI 1179 - CALCUTTA HIGH COURT - 2016 (43) S.T.R. 65 (Cal.) - 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 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 th .....

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te remedy is not efficacious since the petitioner has to deposit in excess 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/- to the department. If the final amount found to be due from the petitioner is less, such costs need not be paid. - Petition disposed of - W.P. No. 103 of 2016 - Dated:- 22-3-2 .....

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laims to be engaged in multi-modal transport operations. The petitioner 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 a client includes a cost component that involves the freight charges and the like. The grievance against the order-in-original is that the freight component has also been included .....

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