TMI Blog2017 (8) TMI 910X X X X Extracts X X X X X X X X Extracts X X X X ..... tter would be only towards liability, if any, in the captioned suit and no other past or future service tax liability of the Applicant/Plaintiff. Assistant Commissioner CGST & Central Excise, Mumbai, Mumbai East Commisionerate, Division VI, Range V is the assessing authority for Service tax present claim. The said Service Tax Authority is expected to assess the liability as early as possible. It is therefore directed that on assessment of the service tax liability by the Assistant Commissioner CGST & Central Excise, Mumbai, Mumbai East Commisionerate, Division VI, Range V, if the above sum or any part thereof is in excess of such assessed liability, the Service Tax Authorities shall refund the such excess amount to the below mentioned ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Param Jit Sehdev, authorized signatory and Divisional Business Controller of S5 Agency World Limited filed an undertaking to the Court that S5 Agency World Limited shall deposit interest at the rate of 2% per month on the principal claim amount every four months. 3. Further to the said order, the Plaintiff filed aforesaid Civil Application praying the following: a. Direct the Registry of this Hon ble Court to pay ₹ 18,55,18,796/ along with accrued interest thereon deposited by the Respondent herein and/or its disponent owner and/or her agent to the Applicant with the direction to the Applicant to deposit this amount with the Service Tax Department of the Government of India, without making any deduction, within two working d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia. b. S5 Agency World Limited denies that the present claim constitutes a maritime claim. The payment by S5 Agency World Limited to the Service Tax Authority shall not be deemed as waiver of any action or claim which S5 Agency World Limited and/or their principals and/or managers and/or owners of the Defendant Vessel have against the Plaintiff. S5 Agency World Limited and/or their principals and/or managers and/or owners of the Defendant Vessel reserve their right to pursue their claim against the Plaintiff, including but not limited to claim for wrongful arrest, counter claim, loss and damages etc. c. S5 Agency World Limited had provided an undertaking to deposit interest at the rate of 2% per month on the principal claim amount of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to deposit interest at the rate of 2% per month on the principal claim amount every four months, stands discharged. 8. Without Prejudice to the rights and contentions of S5 Agency World Limited, S5 Agency World Limited undertakes to pay to the Service Tax Authorities interest on the alleged service tax liability being the amount transmitted by the Registry of this Court and received by the Service Tax Department till the date of receipt thereof by the Service tax Department. Further, without Prejudice to the rights and contentions of S5 Agency World Limited, S5 Agency World Limited undertakes to take care of future liability, if any, including interest or principal, subject to challenge the demand/notice/order of the assessment of the Se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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